Electronic Discovery Presents New Challenges for Insurers
Law.com recently published a very interesting article discussing how insurers are beginning to consider policyholders' obligations for electronic discovery. Another side of electronic discovery presents a more direct challenge: insurers' obligation to respond to discovery requests propounded directly on the insurers in coverage litigation. Much of policyholders' discovery is designed to disrupt and annoy insurers, rather than advance the cases. Policyholders bludgeon insurers with discovery in the hope that the aversion to discovery will increase settlement value. Electronic discovery will certainly present special challenges to insurers.
