Nei v. The Travelers Home and Marine Insurance Company, No. 9:2017cv00137 - Document 35 (D. Mont. 2018)
Court Description: OPINION and ORDER granting in part and denying in part 25 Motion to Compel. SEE Order for deadlines. Signed by Judge Donald W. Molloy on 7/26/2018. (Attachments: # 1 Appendix) (dle)
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Nei v. The Travelers Home and Marine Insurance Company Doc. 35 Att. 1 Appendix Interrogatories: Interrogatory Answer NO. 10: Identify the number of claims in which Defendant or its attorneys have hired any physicians to provide medical records reviews or medical examinations in any Montana cases in the last 10 years. Travelers objects to this Interrogatory as irrelevant, overly broad, burdensome, oppressive, not proportional to the needs of the case, and seeking non-discoverable expert information beyond that allowed by Rule 26(b)(4) of the Federal Rules of Civil Procedure. NO. 11: For all claims in which Defendant Travelers objects to this Interrogatory as has hired any Montana physicians to irrelevant, overly broad, burdensome, provide medical records reviews or medical oppressive, not proportional to the needs of the case, seeking non-discoverable expert examinations in the last 10 years, identify information beyond that allowed by Rule the nature of the case and the name, address, and phone number of the Montana 26(b)(4) of the Federal Rules of Civil Procedure, physicians Defendant or its attorneys have and violative of the right to privacy afforded under Article II, Section 10 of the Montana hired. Constitution. NO. 12: State the amount of money Travelers objects to this Interrogatory as which Defendant or its attorneys irrelevant, overly broad, burdensome, have paid to the Montana physicians oppressive, not proportional to the needs of the identified above in the last 10 years. case, and seeking non-discoverable expert information beyond that allowed by Rule 26(b)(4)of the Federal Rules of Civil Procedure. NO. 13: Provide a list of all claims that Travelers objects to this Interrogatory as have been made against Defendant for irrelevant, overly broad, burdensome, underinsured motorist coverage, uninsured oppressive, not proportional to the needs of the motorist coverage, medical payment case, and violative of the right to privacy coverage, and bad faith in the last 10 years. afforded under Article II, Section 10 of the Montana Constitution. i Dockets.Justia.com Requests for Production: Requests Response NO. 6: Produce the entire claims file or files pertaining to Steve Nei's claims involved in this case from the date they were opened to the present. NO. 7: Produce a copy of all electronic documents, including but not limited to adjuster's notes, diary entries, e-mails, or any other electronic documents dealing in any manner with Plaintiff's medical payment and underinsured motorist claims. NO. 13: Please produce any and all policy manuals, claim manuals, general manuals, rules, instructions, guidelines, internal operating procedures, or other similar written evidence of the policies, procedures, or protocols required or recommended by Defendant or Defendant's adjusters, in connection with the processing, adjustment, settlement, or handling of bodily injury and underinsured motorist claims in Montana. NO. 15: Please produce all manuals, guidelines, newsletters, or directives made available to claim supervisors or managers during the period of 2005 through the present by Defendant or Defendant's employees. NO. 16: Please produce all asset and balance sheets showing the net worth of Defendant. See claims file attached as Exhibit 2, which is being produced subject to the privilege log provided contemporaneously with these discovery responses. See claims file attached as Exhibit 2, which is being produced subject to the privilege log provided contemporaneously with these discovery responses. Travelers objects to this Request for Production as irrelevant, overly broad, not limited in duration, burdensome, oppressive, not proportional to the needs of the case, and seeking information that is confidential and/or proprietary business information. Travelers objects to this Request for Production as irrelevant, overly broad, burdensome, oppressive, not proportional to the needs of the case, and seeking information that is confidential and/or proprietary business information. Travelers objects to this Request for Production as irrelevant, overly broad, burdensome, oppressive, not proportional to the needs of the case, and seeking information that is confidential and/or proprietary business information. Plaintiff is not entitled to discovery of Travelers' financial information unless his claim for punitive ii NO. 17: Please produce organizational charts regarding the claims department from 2005 to the present. [If you contend that your company did not maintain organizational charts during any portion of the time covered by this request, then please produce documents and writings containing information regarding the departmental structure, lines of supervision or authority, and personnel employed by Defendant during such period.] NO. 18: Please produce written job descriptions for all positions held by Anthony Schwisow and his supervisors during the years of 2005 through the present. damages can survive summary judgment. See Corp. Air v. Edwards Jet Ctr., 2008 MT 283, ΒΆ54, 345 Mont. 336, 190 P.3d 1111. Travelers objects to this Request for Production as irrelevant, overly broad, burdensome, oppressive, and not proportional to the needs of the case. Travelers objects to this Request for Production as irrelevant, overly broad, burdensome, oppressive, not proportional to the needs of the case, seeking information that is confidential and proprietary business information, and violative of the right of privacy afforded under Article II, Section 10 of the Montana Constitution. NO. 19: Please produce all directions for Travelers objects to this Request for your claims adjusters handling cases in Production as irrelevant, overly broad, not limited in duration, unduly vague, ambiguous, Montana. burdensome, oppressive, not proportional to the needs of the case, and seeking information that is confidential and/or proprietary business information. NO. 20: Please produce complete copies Travelers objects to this Request for of all information Travelers produced in Production as irrelevant, overly broad, discovery in the case of Grossi v. burdensome, oppressive, not proportional to Travelers, 79 A.3d 1141 (Pa. Super the needs of the case, seeking information 2013), with the exception of any of the that is confidential and proprietary business plaintiffs medical records or private information, and violative of the right of information regarding the plaintiff in that privacy afforded under Article II, Section 10 case. of the Montana Constitution. NO. 24: Please produce a computerized Travelers objects to this Request for list of and copies of complaints filed in all Production as irrelevant, overly broad, iii civil actions against Defendant during the past ten (10) years alleging insurance bad faith, unfair claim settlement practices, fraud, or similar tort theories, stating the court in which the case was filed, the case number, and the name, address, and telephone number of counsel for plaintiff(s) in each such action. NO. 28: Please produce copies of all complaints by policyholders received by Defendant from individuals in Montana from 2005 to the present. burdensome, oppressive, not proportional to the needs of the case and seeking information equally available to Plaintiff to the extent it seeks information in the public record. Travelers objects to this Request for Production as irrelevant, overly broad, unduly vague, ambiguous, burdensome, oppressive, not proportional to the needs of the case, and violative of the right of privacy afforded under Article II, Section 10 of the Montana Constitution. NO. 29: Please produce complete copies Travelers objects to this Request for of Defendant's claims manuals pertaining Production as irrelevant, overly broad, not to evaluating and reserving uninsured and limited in duration, burdensome, oppressive, underinsured motorist claims by its not proportional to the needs of the case, and policyholders, including Travelers seeking information that is confidential Liability Best Practices Manual(s). and/or proprietary business information. NO. 30: Please produce any written Travelers objects to this Request for documentation that explains with Production as irrelevant, overly broad, not specificity and particularity the manner in limited in duration, burdensome, oppressive, which you compensate your employees not proportional to the needs of the case, and who adjust, handle, settle, litigate, or seeking information that is confidential otherwise process uninsured or and/or proprietary business information. underinsured claims submitted to you. NO. 32: Please produce copies of any Travelers objects to this Request for Montana-specific claims manuals or Production as irrelevant, overly broad, directives you have generated or used for burdensome, oppressive, not proportional to Montana claims from 2005 to the present. the needs of the case, and seeking information that is confidential and/or proprietary business information. NO. 33: Please produce your Travelers objects to this Request for underinsured motorist claims manuals Production as irrelevant, overly broad, and their indexes for the years 2005 to the burdensome, oppressive, not proportional to present. the needs of the case, and seeking information that is confidential and/or proprietary business information iv NO. 34: Please produce any manuals or directives regarding handling Montana cases which address medical payment and stacking. Travelers objects to this Request for Production as irrelevant, overly broad, not limited in duration, burdensome, oppressive, not proportional to the needs of the case, and seeking information that is confidential and/or proprietary business information. v
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