Obtaining access to information regarding insurance cover
Presented by Antonia Rose and Susanna Khouri
Join Special Counsel Antonia Rose and Susanna Khouri as they examine how plaintiffs seek access to a defendant’s insurance information, the courts’ approach to disclosure and practical steps for managing requests while protecting policy confidentiality.
Insurance policies are private contracts and the insurance arrangements of a defendant are generally confidential. Knowledge of a defendant's insurance position can confer significant tactical advantages on a plaintiff. At times plaintiffs have deployed a range of arguments in an attempt to persuade courts to compel disclosure to aid mediation and understand the defendant's capacity to pay any judgment. Both insureds and insurers need to tread carefully when faced with applications of this type.
This presentation:
- explores different ways in which plaintiffs seek to obtain insurance information and differences in approach between solvent and insolvent defendants;
- examines applications for insurance information in representative proceedings and how the courts strive to balance competing interests; and
- outlines some practical tips if you are called upon to disclose insurance information to confine access to Policy terms and limits.
This is commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.