North Carolina Business Litigation Report

Harco Nat'l Ins. Co. v. Grant Thornton LLP, 2008 NCBC 4 (N.C. Super. Ct. Mar. 4, 2008)(Tennille)

Plaintiff sought information via a discovery motion not only as to the face amount of defendant's insurance policies, but also the amount of coverage remaining.  The Court ruled that plaintiff was entitled to this information, because "when it comes time to negotiate, the amount of liability coverage available to a defendant should be disclosed to the plaintiff."  A plaintiff is entitled to the "true facts" about the amount of coverage, which means the actual amount remaining to be paid under the policy.  A refusal to provide accurate information about liability insurance coverage at the time of mediation would not be mediating in good faith. 

Full Opinion

(The briefs on this motion were filed under seal and are not available)

 

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Mack Sperling
Brooks Pierce, LLP
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