Background on the case is here courtesy of Wayne Dolcefino of Dolcefino Consulting:
The attorney representing plaintiff Frank Thomas (think John Doe) subpoenaed York Risk Services, the County's insurance company to produce the insurance file --documents that would, should establish the County's compliance with the terms and conditions of their insurance agreement with York.
That file would necessarily include copies of reports with names, dates & times, photos & video, notes, conclusory statements and their authors, insurance adjuster notes, emails, (think everything you would share with your insurance company when making a claim) etc that would corroborate essentially all of the incidents forming the basis of the lawsuit against the defendants.
That file would necessarily include copies of reports with names, dates & times, photos & video, notes, conclusory statements and their authors, insurance adjuster notes, emails, (think everything you would share with your insurance company when making a claim) etc that would corroborate essentially all of the incidents forming the basis of the lawsuit against the defendants.
No surprise Fort Bend County does not want their insurance company to turn that entire claim file over to the plaintiff.
And in an eight-page filing with the Court, neither does York Risk Services.
Citing the request as "overly broad, vague and ambiguous"; that they are a non-party to the case, York Risk Services also explains the production of the file poses an expense burden.
York also objects to the request because it seeks information or documents that
are privileged or otherwise exempt from discovery pursuant to applicable
privilege or protection, including the attorney-client privilege and the attorney work product doctrine.
However according to plaintiff counsel, there's a teeny, tiny issue associated with York's and the County's objections.
Get this.
However according to plaintiff counsel, there's a teeny, tiny issue associated with York's and the County's objections.
Get this.
"York provided the entire claim file to Fort Bend County on April 13, 2020, four days before raising objections."
Court records reveal a telephonic motion hearing is set for May 11 at 10:00 a.m.
