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.
Mediation works - so we use it regularly. In Providence, R.I., in 2014 eight female aerialists doing a hair-hang act 20+ feet above the ground were severely injured when the metal frame supporting their act collapsed hurtling them to the floor. They recently obtained a total combined settlement of $52.5-million through mediation of their claims See, Eight severely injured aerialists recover $52.5-million settlement through mediation.
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