Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Insurer Obligated to Produce Underwriting Files Relating to Policies Issued to Other Policyholders

By Margaret Karchmer on November 20, 2015
Email this postTweet this postLike this postShare this post on LinkedIn

The United States District Court for the Western District of Pennsylvania ruled that, under federal rules of civil procedure regarding discovery, an insurer is obligated to produce in coverage litigation underwriting files relating to policies issued to other policyholders. H. J. Heinz Co. v. Starr Surplus Lines Ins. Co., 2015 WL 5781295 (W.D. Pa. Oct. 1, 2015).

The insured, a food manufacturer, brought a declaratory judgment action against its insurer seeking coverage under a product contamination policy in connection with a recall of baby food that the insured had produced. In discovery, the policyholder sought underwriting files relating to similar insurance policies issued to other policyholders. The insurer objected to the request on the grounds that (1) the request was “overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence,” and (2) the requested documents contained confidential third-party information. The policyholder agreed to narrow its request to specific documents from the underwriting files, including: each policyholder’s application, the loss history page, pages identifying “subjectives” required of the policyholder, the premium charged, and any analysis the insurer conducted in deciding to issue the policy or set the premium. The request also stated that the insurer could redact confidential information, such as the name of the policyholder.

When the parties were unable to resolve the discovery dispute, the policyholder filed a motion to compel, which the court granted. In so doing, the court concluded that the request was narrowly tailored and appropriate in light of the amount in dispute between the parties. Additionally, the court ruled that the request was appropriately limited in scope because it was confined to a specific set of policies, involving comparable insured companies, which were issued over a specific time period. Finally, the court rejected the insurer’s argument that the request was inappropriate due to the private nature of insurance policies, reasoning that the request allowed for safeguards to protect private information, such as redaction.

Photo of Margaret Karchmer Margaret Karchmer

Margaret represents insurers in connection with coverage issues and disputes arising under professional liability and general liability insurance policies. Margaret, a certified Legal Lean Sigma Institute (LLSI) White Belt, uses the LLSI process and project management tools to continually improve the value proposition…

Margaret represents insurers in connection with coverage issues and disputes arising under professional liability and general liability insurance policies. Margaret, a certified Legal Lean Sigma Institute (LLSI) White Belt, uses the LLSI process and project management tools to continually improve the value proposition the firm delivers to its clients.

Read more about Margaret KarchmerEmailMargaret's Linkedin Profile
Show more Show less
  • Posted in:
    Insurance
  • Blog:
    Wiley Executive Summary
  • Organization:
    Wiley Rein LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo