Civil Procedure - Discovery - Federal Rule 26(b)(2) - Permitting Discovery of Insurance Agreements is Adopted in Nebraska - Walls v. Horbach, 189 Neb. 479, 203 N.W.2d 490 (1973)
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Authors
Ruse, Steven D.
Issue Date
1973
Volume
6
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|In 1970, the Federal Rules of Civil Procedure were amended so as to allow pre-trial discovery of the existence and content of insurance policies. Prior to that, the controversy over whether an insurance policy was "relevant" to the pending action and therefore discoverable had long divided both the federal and state courts. A majority of the federal courts favored disclosure in accordance with the liberal view generally taken with respect to the rules of discovery. On the other hand, a majority of the state courts (and especially those whose discovery rules were not patterned after the Federal Rules) were opposed to allowing discovery of insurance policies prior to a determination of liability.|The controversy in the federal courts was settled with the enactment of Rule 26 (b)(2), but it is still very much alive in the state courts. In the recent case of Walls v. Horbach, the Supreme Court of Nebraska in a 5-1 decision ruled that information regarding insurance coverage is relevant to the subject matter of the action, and Nebraska thereby joined those states which allow pre-trial disclosure. The Walls decision reversed Mecke v. Bahir, a 1964 decision which prohibited discovery of insurance policies...
Description
Citation
6 Creighton L. Rev. 381 (1972-1973)
Publisher
Creighton University School of Law