Merchants Preferred Ins. Co. v. Campbell
Docket: 792 CA 22-00245
Court: Appellate Division of the Supreme Court of the State of New York; November 9, 2022; New York; State Appellate Court
Original Court Document: View Document
In Merchants Preferred Insurance Company v. Campbell, the Appellate Division of the Supreme Court of New York addressed an appeal regarding discovery issues related to an insurance claim. The case stemmed from an automobile accident involving defendant Rose Charleus, who sustained injuries and filed a personal injury lawsuit against the insured party covered by Merchants Preferred Insurance. In response, the insurer sought to disclaim coverage, alleging non-cooperation from its insured. Charleus requested various documents from the insurer's claim file, but the insurer withheld certain materials, citing attorney-client privilege and claiming they were prepared in anticipation of litigation. Charleus subsequently filed a motion to compel the production of these documents, while the insurer cross-moved for a protective order. The Supreme Court granted Charleus’s motion in part, ordering the disclosure of some withheld documents and effectively denying the insurer’s cross motion. The insurer appealed this decision. Upon review, the Appellate Division modified the Supreme Court's order by denying Charleus's motion in its entirety and granting the insurer’s cross motion. The court determined that the materials sought constituted documents prepared in anticipation of litigation, and Charleus failed to demonstrate substantial need or inability to obtain equivalent material without undue hardship. Consequently, the court ruled in favor of the insurer, affirming its position without costs.