Firm News

Insurance Company Must Produce Witness Statements


Posted on Jan 22, 2009

In a wrongful death case arising from an auto accident, a Suffolk Circuit Court has rejected Progressive Insurance Company's claims of privilege and ordered Progressive to release to the plaintiff interviews of defendants and witnesses. Insurance comapnies have long been able to conceal from plaintiffs statements taken from witnesses and their insureds on the "trial preparation materials" exception to the rules of discovery. However, the courts are seemingly more reluctant to confer the privilege when the statements are taken in the "fact-gathering" stage and before the insurance company has been contacted by plaintiffs' attorneys.

As the Suffolk court pointed out in its opinion and order in this case, such statements can be useful to the plaintiff and the fact-finder in determining whether a witness testifying at trial or in depositions before trial, is consistent in what he or she may have related earlier.

To read the opinion, follow the link below.

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