QuestionHi I'm still interested in the previous answer, So Does Delaware law stipulate the same requirements as most states; and if the plantiff in Delaware wanted to find out thru their attorney what the coverage was for an injury/ accident case there shouldn't be a problem in inquiring about the amount of auto coverage for personal injury cases? I really appreciate your help. We've been advised otherwise by the attorney's office, they've had a year to find this information and have not using the excuse that by law they are not allowed to ask for that information.
-------------------------
Followup To
Question -
is it true that if you are a Pennsylvania resident and you have an accident in Delaware, and the plaintiff is in Delaware, by law their attorney is not allowed to find out what coverage the Pennsylvania driver has?
Answer -
Dear Marianne,
NOT TRUE, in a court action. Some states do have laws whereby a claimant may discover the policy limits of the tortfeasor just by asking. But with an attorney involved, she can discover the policy limits any number of ways: from simply asking in writing (which usually produces the answer without much delay), to sending out formal discovery requests pursuant to the civil rules for civil actions.
But all states do have discovery process in their lawsuit civil rules. Usually Civil Rule 26 will provide that once a lawsuit has been commenced, then either party may have discovery of any insurance contract that could defend the tortfeasor.
Thus, the tortfeasor, as part of the discovery process, may be required to furnish both the contents of the insurance policy and a copy if requested.
Please understand that this is allowed as part of the process of discovery in civil actions.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
AnswerHello again, Marianne,
Please look at the answer I already gave to you. In there I mentioned that the discovery rules only apply when one is in litigation. If a lawsuit has been filed, then there is an absolute right in Delaware to discover the contents of the insurance policy of the defendant. Have your attorney serve interrogatories and a request for production. The declaration page is sufficient for your purposes.
Here are the court rules for Delaware.
CIVIL RULES GOVERNING THE COURT OF COMMON PLEAS
V. DEPOSITIONS AND DISCOVERY.
Rule 26. General provisions governing discovery.
(a) Discovery methods. Parties may obtain discovery by one or more of the following methods: Depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission.
(b) Discovery scope and limits. Unless otherwise limited by order of the Court in accordance with these Rules, the scope of discovery is as follows:
(2) Insurance agreements. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this subparagraph, an application for insurance shall not be treated as part of an insurance agreement.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
