Description
Whenever coverage is litigated, policyholders and insurers request a predictable set of written materials hoping to establish or refute the proposed meaning of the policy or to demonstrate how claims were or were not properly addressed.
Typical policyholder requests include the claim and underwriting files, underwriting manuals, drafting histories of policy language, and documents interpreting that language, while insurers often request production of all decisions, documents, and communications from the insurer that the policyholder contends supports its position. Both sides have an interest in limiting access to information helpful to the other side.
Requests are often met with equally predictable responses that do little to help resolve the case. Both sides need to know how to better draft reasonable and precise requests and how to correctly raise sustainable objections and avoid boilerplate and vague responses.
Listen as the panel dives deep into what the FRCP requires in insurance litigation and novel ways to provide responses and objections that comply with the rules but retain sufficient flexibility to address the fluidity of discovery.
Presented By
Ms. Cohen provides legal consulting / expert testimony concerning eDiscovery, Records and Data Management, Information Governance, data theft/loss, and high-risk data sources. She navigates complex legal landscapes with discretion, delivering strategic guidance and invaluable insights to clients. Ms. Cohen undertakes intricate data-related challenges and delivers impactful solutions.
As a Principal at Berman Fink Van Horn, Mr. Kahn advises a broad range of clients in business disputes, including in trial and appellate courts. His complex commercial litigation and appellate practice focuses on business disputes, including contractual matters and business torts, insurance recovery, fraud, deceptive trade practices, partnership and shareholder matters, banking and consumer finance cases, real estate, and trade secret and noncompete litigation. Jeremy handles his clients’ matters from the start of the dispute, through litigation, and, if necessary through the appellate process. Mr. Kahn has successfully handled numerous appeals in both state and federal appellate courts.
Mr. Meer is highly experienced in the area of insurance coverage, including monitoring and coverage determinations. He maintains a particular concentration in coverage for directors and officers (D&O), with an emphasis on the growing area of D&Os in cannabis companies; professional errors and omissions (E&O); lawyers (LPL); employment practices; and cyber liability programs.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Tuesday, August 15, 2023
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Typical policyholder requests
- Typical insurer requests
- Recurring issues
- Requests that lack "reasonable particularity"
- Objecting to requests for production
- Avoiding boilerplate objections and objecting with "specificity"
- Identifying what is being produced vs. what is being withheld
- Identifying a time for production
- Privilege considerations
The panel will discuss these and other key issues:
- Is it helpful to know why particular documents are being requested?
- What are the best strategies for drafting requests with reasonable particularity?
- What role does the attorney-client privilege play in shielding disclosures?
- How does AI affect privilege?
Related Courses
Attorney-Client Privilege in Bad Faith Litigation: Privilege Issues From Perspectives of Policyholders and Insurers
Tuesday, December 16, 2025
1:00 p.m. ET./10:00 a.m. PT
Insurance Coverage Issues in Emerging Risk Litigation Under GCL Policies: Insurer and Policyholder Approaches
Tuesday, December 9, 2025
1:00 p.m. ET./10:00 a.m. PT