LANCE RICOTTA, Plaintiff, v. ALLSTATE INSURANCE COMPANY and DOES 1 through 50, inclusive, Defendants., 211 F.R.D. 622

Summary

The insurance company objected to production of the documents asserting the requests were vague and ambiguous as well as over broad and unduly burdensome and oppressive as to time and subject. The insured argued that the requests sought information relevant to the action in that the requests pertained to the third and fourth Guebara bias factors. Although the court understood the need for the insured to investigate any potential bias on the insurance company's expert's part, the court did not agree that obtaining every report prepared by the expert for the insurance company would necessarily serve that purpose. Even assuming arguendo that the insured was permitted to view every report he sought, he still would not necessarily be able to prove that the insurance company dishonestly selected the expert, or that the expert was unreasonable. That was because, as the insurance company maintained, the key issue was not whether the expert's past reports were favorable to the insurance ...