On February 25, 2010, the US District Court for the Eastern District of Missouri issued a Memorandum and Order resolving a discovery dispute in Sunnen Products Co. v. Travelers Cas. and Surety Co. At the outset, the Court ruled on a minor issue ordering Travelers to produce any documents withheld based solely on boilerplate, introductory objections. Further, the Court granted Sunnen’s motion to compel information related to similar policies, claims and lawsuit of other insureds finding that the Interrogatories at issue were not ambiguous, prejudicial or overly burdensome at this stage. Explaining that Travelers could raise such issues at the motion in limine stage or at trial, the Court ordered production of a limited class of responsive documents (as proposed by Sunnen). The Court also ordered production of a relevant Reinsurance Agreement as well as certain audits concerning Sunnen’s claim for coverage. Finally, the Court ruled that Sunnen was entitled to discovery of a list of all Missouri law firmed engaged by Travelers, or engaged and consented by Travelers, to defend claims against an insured whose Other Policy placed a duty to defend on Travelers. The Court explained that this information was relevant to Travelers’ claim that Sunnen’s choice of arbitration counsel in the underlying action prejudiced Travelers. Sunnen Products Co. v. Travelers Cas. and Surety Co. of Am., Case No. 09-00889 (E.D. Mo. Feb. 25, 2010).
This post written by John Black.