Claims file discovery seeks the insurer's internal record of a claim: investigation materials, adjuster notes, evaluations, reserve information, and communications. Insurers resist on work product and relevance grounds.
The analysis usually turns on when the file shifted from ordinary-course claim investigation to preparation for litigation, since material generated before that point is typically discoverable.
Alternative Names:
Claim File Discovery, Insurer File Discovery
Why it Matters?
The claim file is the central evidence in bad faith litigation and largely irrelevant in a straightforward liability case, which is why the scope fight tracks whether extracontractual claims are pleaded. Insurers should assume the ordinary-course portion of the file will be produced and manage documentation accordingly. Reserve information receives separate treatment in many jurisdictions and is often protected where bad faith is not alleged.
Frequently Confused with
Related terms
Frequently asked questions
When does the claim file become work product?
Are reserves discoverable?
