<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by coloone:
Mr. Martin, I was injured in a car accident...the insurance company of the responsible party is claiming I have no right to a copy of their file on the accident...they are saying its either work product or that the case is dead...Mr. Martin, do I have a right to the file on my case? <HR></BLOCKQUOTE>
My response:
Ms. Mary Martin is our Moderator. She never responds to posts. People, like myself, will respond to you. We are all "visitors" to this site, like you are.
The short answer to your question, however, is that the insurance file is "work product" and, in most common circumstances, is entitled to Evidence Code and Insurance Code protection from third parties, like yourself. Therefore, the insurance company is correct.
Statutory privacy protection ("Insurance Information and Privacy Protection Act"; Ca Ins § 791.01 et seq.) extends to an insurance company's files on insureds and claimants. Disclosure of "any personal or privileged information gathered or received in connection with an insurance transaction" is restricted. [Ca Ins § 791.13]
Party information--prelawsuit disclosure barred: Notably, absent the insured's written authorization, third party claimants are not entitled to obtain disclosure from insurers of their insureds' "policy limits" and other coverage information before a lawsuit is filed. [Ca Ins § 791.13; Connecticut Indem. Co. v. Super.Ct. (City of Lodi) (1999) 73 Cal.App.4th 540, 544-545, 86 Cal.Rptr.2d 515, 524-525; Griffith v. State Farm Ins. Cos. (1991) 230 Cal.App.3d 59, 281 Cal.Rptr. 165]
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
[This message has been edited by I AM ALWAYS LIABLE (edited September 17, 2000).]
