Insurance Agreement Disclosure

Insurance Agreement Disclosure

Insurance Agreement Disclosure

Rule 26(a)(1)(A)(iv) requires disclosure of any insurance agreement under which an insurer may be liable to satisfy all or part of a judgment. The agreement itself must be made available for inspection and copying.

The obligation is automatic rather than request-based.

Alternative Names:

Insurance Disclosure, Policy Disclosure

Why it Matters?

Disclosure is mandatory and not subject to relevance objection, though it extends only to agreements potentially covering the judgment rather than to the insurer's claim file or reserves. Excess and umbrella policies fall within the obligation and are frequently omitted, which matters because the available limits drive settlement posture. Confirming that all layers were disclosed is worth doing rather than assuming.

Frequently asked questions

What must be disclosed?

What must be disclosed?

Any insurance agreement under which an insurer may be liable to satisfy part or all of a judgment, made available for inspection.

Are excess policies included?

Are excess policies included?

Yes, and they are frequently omitted, which matters because available limits across all layers drive settlement posture.