A Statement to an Insurer Can Be Obtained Through Discovery - Iwamoto
Personal Injury News Items
Insurers often refuse to produce statements made to them by their insureds
on the basis that they are "attorney-client" privileged or "made in
anticipation of litigation". This position is contrary to existing case
law, but the insurers nonetheless often refuse to abide by controlling precedent.
In the case of Iwamoto v. Hirata, 49 Haw.
514, 516, 422 P.2d 99, 100 (1966) the Hawaii Supreme Court upheld a motion
to compel the production of an insured's statement made to the insurance
carrier "soon after the accident" and considerably before plaintiff had
counsel and filed suit. Statements taken under such circumstances have been
consistently found to have 'good cause' for their production. Standard
discovery requests - and the right questions of an insured in a deposition -
may be sufficient to set up a Motion to Compel and for Sanctions. In this
and many other ways, claimants must vigilantly seek to counteract insurance
company secrecy and wrongful practices.
Moving a flagpole near live electrical wires can be very dangerous. A Grayson County, Texas jury has awarded more than $15.6 million to the families of 3 victims of an accident that occurred while they were moving a flagpole in May 2017. The electrocution killed 1 and injured 2. The property manager of the apartment complex where the flagpole was located was found to be negligent for placing the flag pole too close to overhead power lines. See, An award of $15.6 million for 3 victims of electrocution.
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