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Paramount Insurance v. Eli Construnction General Contractor

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1990
159 A.D.2d 447 (N.Y. App. Div. 1990)

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.


Summaries of

Paramount Insurance v. Eli Construnction General Contractor

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1990
159 A.D.2d 447 (N.Y. App. Div. 1990)
Case details for

Paramount Insurance v. Eli Construnction General Contractor

Case Details

Full title:PARAMOUNT INSURANCE COMPANY et al., Appellants, v. ELI CONSTRUCTION…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 29, 1990

Citations

159 A.D.2d 447 (N.Y. App. Div. 1990)
553 N.Y.S.2d 127