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Discovery of similar claims evidence in 42 Pa. C.S.A. 8371 bad faith cases remains “disfavored” in the Third Circuit.

April 1, 2019
Horvath v. Globe Life & Accident Ins. Co., No. 3:18-cv-84, 2019 U.S. Dist. LEXIS 31688, at *2 (W.D. Pa. Feb. 28, 2019)

The plaintiff insured moved to compel the defendant’s responses to interrogatories, requesting disclosure of any bad faith suits filed against the insurer within the past ten years. The defendant argued this was a violation of the Due Process Clause and that the request seeks information that is (1) not material, (2) irrelevant and (3) overly broad. The Western District denied the plaintiff’s motion, upholding a general rule in the Third Circuit that discovery of similar claims evidence in 42 Pa. C.S.A. 8371 bad faith cases is “disfavor[ed].”


Case Law Alerts, 2nd Quarter, April 2019

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