A Statement to an Insurer Can Be Obtained Through Discovery - Iwamoto
Personal Injury News Items
Insurers often refuse to produce statements made to them by their insureds
on the basis that they are "attorney-client" privileged or "made in
anticipation of litigation". This position is contrary to existing case
law, but the insurers nonetheless often refuse to abide by controlling precedent.
In the case of Iwamoto v. Hirata, 49 Haw.
514, 516, 422 P.2d 99, 100 (1966) the Hawaii Supreme Court upheld a motion
to compel the production of an insured's statement made to the insurance
carrier "soon after the accident" and considerably before plaintiff had
counsel and filed suit. Statements taken under such circumstances have been
consistently found to have 'good cause' for their production. Standard
discovery requests - and the right questions of an insured in a deposition -
may be sufficient to set up a Motion to Compel and for Sanctions. In this
and many other ways, claimants must vigilantly seek to counteract insurance
company secrecy and wrongful practices.
Toddler at daycare injured in a dog attack in Riverside County, California. The injured infant received 180 stitches on her face, arms and stomach. It happened at a home being used as a daycare center on the mainland. The dog involved was a pit bull - which is probably the most dangerous breed of dog to humans. See, Pit bull attacked girl inside Hemet day care center
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