The insurance coverage claims trade is in a continuing battle to forestall policyholders and the general public from figuring out all of the dangerous religion actions insurers do to delay, deny, and underpay claims. Like every dangerous actor, secrecy of the wrongful motion is a core element to forestall accountability. We famous this motive for secrecy in Commerce Secrets and techniques: Dynamite Discovery Selections, Half 11.
In his glorious weblog, claims skilled Dennis Wall has been writing about wrongful claims practices secrecy. He famous a current case1 the place Oklahoma policyholders efficiently obtained standing to problem the secrecy of key paperwork and proof of dangerous religion conduct in Trial Court docket Do Over For Sealed Paperwork In Insurance coverage Dangerous Religion Case. He famous the significance of the case:
This ruling that nonparties to an insurance coverage dangerous religion lawsuit have standing to say public entry to supplies concerned in that lawsuit is doubtlessly necessary to different insurance coverage dangerous religion lawsuits in different jurisdictions wherein trial courts have entered protecting orders barring disclosure of such supplies in comparable circumstances.
…
Just like the Newbys, nonparties to dangerous religion litigation in different jurisdictions might win the battle however lose the battle of public entry, so to talk — however the potential exists for public entry to paperwork filed in public courtroom information in each case, and so it existed right here. Most significantly for different litigation, nonparties have standing to sue to require public entry in insurance coverage dangerous religion litigation if this determination is adopted elsewhere in that regard.
The circumstances surrounding these acts led to a $25m settlement with the State of Oklahoma, as famous in Scorching off the Press: Farmers to Pay Oklahoma Policyholders $25 Million for Earthquake Claims. Discovery in an insurance coverage dangerous religion case is commonly a sport “cover the proof” by the insurance coverage firm attempting to forestall turning over the incriminating proof. If it had been a prison case slightly than a civil matter, it will be referred to as “obstruction of justice.”
Thought For The Day
The best evils on this planet is not going to be carried out by males with weapons, however by males in fits sitting behind desks.
—Hannah Arendt
1 Good v. Farmers Ins. Co., 536 P.3d 961, 2023 WL 5951464 (Okla. Civ. App. Feb. 15, 2023).
