Discovery
Scope and Framework
Bifurcated discovery divides the process along an issue boundary, most commonly liability and damages, or in bad faith litigation, the underlying claim and the extracontractual claim.
It is distinct from bifurcated trial though frequently paired with it.
Alternative Names:
Discovery Bifurcation, Split Discovery
Why it Matters?
In bad faith litigation bifurcation is the mechanism protecting the claim file and coverage counsel's work during the underlying case, since discovery into claims handling is deferred until liability and damages are resolved. Obtaining that order early is a priority for carriers, because once bad faith discovery proceeds the privilege disputes are difficult to unwind. Damages bifurcation more commonly protects financial condition discovery.
Frequently Confused with
Related terms
Frequently asked questions
Why is bifurcation important in bad faith cases?
How does it differ from phased discovery?
