INTERROGATORIES ASKING FOR INSURANCE COVERAGE INFORMATION

Does your state discovery rules allow you to  ask  the defendant about insurance coverage? If so, you should always take advantage of that right. Insist upon complete answers and don’t be  satisfied with answers like “adequate insurance exists.” If allowed by  the discovery rules move for production of the policies and study the fine print.  Too often we have been  given erroneous answers to the amount of  insurance  coverage. Here are some suggested interrogatories.

The following interrogatories are intended to discover the existence of any insurance which applies.

11.11   As provided in CR 26, Is there any insurance agreement which may be liable to satisfy in whole or in part any judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy such judgment? If so, state:

(1)        The full and correct name of each such insurance company

(2)        The insurance policy number for each company policy

(3)        The maximum limit of insurance provided by each such policy

(4)        The name and address of the person having custody of the policies

(5)        Whether defense costs are deducted from the coverage provided

11.12   If your answer to the previous question was affirmative, is there more then one policy of insurance? If so, explain the nature of the coverage provided. In particular  state as follows:

(1)        Which policy or policies provide primary insurance coverage and which provide additional or excess coverage?

(2)        The dollar amount of coverage for each policy

11.13   Was this defendant an employee, stockholder, partner of any entity not named in this action at the time of treatment to plaintiff by defendant?

11.14   If your answer to the previous question was affirmative, was there an insurance agreement which might be liable to satisfy in whole or in part any judgment which may be entered in this action or to idemnity or reimburse for payments made to satisfy such judgment in the event the entity was a party to this action? If so, state:

(1)        The full and correct name of each such insurance company

(2)        The insurance policy number for each company policy

(3)        The maximum limit of insurance provided by each such policy

(4)        The name and address of the person having custody of the policies

(5)        Whether defense costs are deducted from the coverage provided

11.15   If your answer to the previous question was affirmative, is there more then one policy of insurance? If so, explain the nature of the coverage provided. In particular  state as follows:

(1)        Which policy or policies provide primary insurance coverage and which provide additional or excess coverage?

(2)        The dollar amount of coverage for each policy

11.16   Has this defendant received notice from any of the above insurance companies that they reserve the right to question any aspect of  the applicability of the insurance policy to the facts of this case? If so, state:

(1)        Which companies

(2)        The reasons given

11.17   Are there any insurance agreements which may or could  be liable to satisfy in whole or in part any judgment which might be rendered in this matter against this defendant or to idemnify or reimburse for payments made to satisfy such judgment  which have not been disclosed?

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One Response to INTERROGATORIES ASKING FOR INSURANCE COVERAGE INFORMATION

  1. Christina Ramirez says:

    Thank you so much for this post.

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