A federal judge in Arizona refused an insurer’s effort eight days before trial to supplement the underlying claim file in a bad faith litigation. The insurer sought to add approximately 60 pages of documents from the insured’s primary care physician and neurologist, which the insurer argued were not included in the original production of the claims file approximately two years earlier due to a “copying error.” The court rejected the insurer’s reasons for the late production of documents, and excluded the proffered supplemental documents from the trial.
Published: September 20, 2017
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Published: May 1, 2015
Mohney v. Am. Gen. Life Ins. Co., Nos. 2030 WDA 2013, 2046 WDA 2013, 2015 WL 2146354 (Pa. Super. Ct. May 8, 2015).
The Superior Court of Pennsylvania finds that there was no reasonable basis for insurer’s denial of benefits where the denial was based on equivocal statements from the insured’s doctor regarding the insured’s ability to perform, with accommodations, certain light-duty work.