Opinion
March 29, 1990
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
The Supreme Court properly limited discovery of the documents sought herein to those created prior to the time plaintiffs disclaimed coverage. In general, reports made by independent investigators and adjustors before rejection of insurance claims are discoverable (Westhampton Adult Home v National Union Fire Ins. Co., 105 A.D.2d 627; Millen Indus. v American Mut. Liab. Ins. Co., 37 A.D.2d 817). Plaintiffs have failed to meet their burden of demonstrating that the requested documents are privileged or otherwise exempt from discovery (Koump v Smith, 25 N.Y.2d 287). Insofar as the Supreme Court directed certain documents described as "file contents" to be produced, we construe such direction to include only those documents created prior to plaintiffs' decision to disclaim insurance coverage.
Concur — Sullivan, J.P., Ross, Rosenberger, Ellerin and Rubin, JJ.