UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF LOUISIANA
****************************************************************
IN RE: HURRICANE IDA CLAIMS
CASE MANAGEMENT ORDER NO. 1
August 26, 2022
INTRODUCTION
On August 29, 2021, Hurricane Ida struck near Port Fourchon, Louisiana as a Category
4 hurricane, battering southeastern Louisiana and inflicting catastrophic damage across this
Court's jurisdiction. Hurricane Ida (the “Hurricane”) was the second most damaging
hurricane to ever hit Louisiana, behind only Hurricane Katrina.1
Since Hurricane Ida's landfall, the United States District Court for the Eastern District
of Louisiana has become, and presumably will continue to be, inundated with insurance
coverage-related litigation linked to the Hurricane. The damage and disruption to daily life
and business throughout the jurisdiction of this Court are profound and are expected to
interfere with the timely handling of the litigation arising from the Hurricane.
The Court desires, to the greatest extent possible within the powers granted unto it,
to eliminate increased difficulties to the parties involved, to bring as much of this litigation
1 https://www.kplctv.com/2022/04/05/final-report-ida-ties-it-strongest-winds-ever-hit-louisiana/.
Hurricane Ida is sometimes referred to hereinafter as the “Hurricane" or “Disaster” and the causes of action
arising thereunder are sometimes hereinafter referred to as the "Hurricane Cases."
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to resolution as justly and expeditiously as possible, and to allow the citizens of this District
to move forward with their respective recoveries.
With these goals in mind, the Court hereby approves this Case Management Order
(“CMO”) No. 1 to set forth the procedures for expedited discovery (the “Disaster Protocols")
and to facilitate efficient resolution of these matters through the establishment of a
streamlined settlement conference and mediation protocol, as described below. This CMO
establishes a mediation program, denominated as the Streamlined Settlement Program,
which will include a panel of neutrals and a Program Administrator. The Streamlined
Settlement Program shall be overseen by the Magistrate Judges, with Chief Magistrate Judge
Michael North presiding over day-to-day operations of the program, including the selection
of the neutrals and Program Administrator. The Administrator will assist with scheduling,
assignment of neutrals, calendar management, data collection and analysis, and periodic
reporting to the Court
SECTION 1. PROTOCOLS FOR INITIAL DISCLOSURES
The Court has studied the Disaster Litigation Initial Discovery Protocols
recommended by a study committee and adopted by the United States District Court for the
Southern District of Texas following Hurricane Harvey, as well as those enacted by the
Western District of Louisiana following Hurricanes Laura and Delta. These disaster
protocols call for prompt sharing of specified information to promote uniformity, to facilitate
prompt case evaluation and communication about individual cases/claims, and to facilitate
expedited mediation.
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Accordingly, this Court adopts the “Disaster Protocols” annexed hereto as Exhibit "A"
and makes them applicable to all Hurricane Cases. Except as provided hereinafter, any
discovery beyond that described in this Order is stayed. However, nothing in this Order shall
be construed to limit the information that can be exchanged in any particular case and
counsel for each party is encouraged and expected to provide any information that would
reasonably be helpful to their adversary in evaluating the case for mediation purposes.
The disclosures and exchange of information required by the Disaster Protocols shall
be due 30 days from the date that the last-responding defendant files responsive pleadings
(or if falling on a later date, 30 days from an Order denying a timely motion to remand). Any
information not shared with opposing counsel at least 15 days prior to a mediation shall not
be used at said mediation without leave of the presiding Magistrate Judge. Additionally, 15
days before the scheduled mediation, the parties shall provide a supplemental disclosure,
including any documents whose disclosure would have been required under the Initial
Disclosure requirements that have come to light since the case was filed.
The parties are strongly urged to meet and confer in good faith about exchanging
information they desire or intend to use even when disclosure is not technically or arguably
required by this Order.
SECTION 2. PRIVILEGE
Documents over which a privilege may properly be asserted include communications
between counsel and client, documents created with the primary purpose of anticipation of
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litigation,2 and communications between or among counsel and their respective clients. As
recognized by the United States District Court for the Eastern District of New York IN RE:
HURRICANE SANDY CASES, “Documents routinely prepared in the ordinary course of
business, including but not limited to adjusters' reports, and other expert analyses, including
draft reports, are not privileged and should be produced.”3
Therefore, this Court orders that any party withholding information or documents
otherwise required to be produced pursuant to the Disaster Protocols produce a privilege
log to opposing counsel on or before the Disclosure Deadline detailing all information or
documents that it declined to produce on the basis of privilege. The log should include the
author of the document, the recipient(s) of the document, a job or function description of
every recipient of the document, the date of the document, the subject matter of the
communication, and the specific privilege(s) asserted.
Any dispute concerning privileged items shall be submitted as expeditiously as
possible to the presiding Magistrate Judge in such form as he or she may direct. The
presiding Magistrate Judge’s decision thereon shall be issued to the parties and the parties
shall comply with it unless it is overturned by the District Judge following an appeal filed
pursuant to Rule 72 of the Federal Rules of Civil Procedure within five days of the Magistrate
Judge’s decision.
2 United States v. El Paso Co., 682 F.2d 530, 542–43 (5th Cir. 1982).
3 United States District Court for the Eastern District of New York, In Re Hurricane Sandy Cases: Case
Management Order No. 1, p. 10, available at https://img.nyed.uscourts.gov/files/general-
ordes/14mc41cmo01.pdf.
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SECTION 3. STREAMLINED SETTLEMENT PROGRAM (“SSP”)
It shall be presumed that the litigants in Hurricane Ida cases will be subject to the SSP
described in this CMO. Within 15 days of the filing of the defendant’s responsive pleading
(or if later then within 15 days of either an Order denying a motion for remand or of entry of
this Order) either party may petition the presiding Magistrate Judge to opt out of the SSP
(Section 3 of this Order). The parties may not opt out of the mandatory disclosures required
by this CMO and described in Exhibit “A.” If a party shows good cause and is permitted to
opt out, the case will then be promptly scheduled for a Federal Rule of Civil Procedure 16
conference and a specific case-management order shall be issued. If the parties do not seek
to opt out, they are electing to participate in the two-staged Streamlined Settlement Program,
which is described as follows:
A. First Stage: Principals/Experts Conference
Within 30 days of the Disclosure Deadline in all Hurricane Cases, all parties shall
conduct an informal settlement conference among the parties (i.e., their principals), their
counsel, and their respective experts/adjusters. Within 15 days of the Disclosure Deadline,
counsel for the plaintiff(s) and counsel for the defendant(s) shall meet to confer and discuss
a mutually convenient time, date, and manner for the conference. In light of the COVID-19
pandemic as well as the desire to resolve the Hurricane Cases as expeditiously as possible,
these settlement conferences may be conducted by phone or other means of electronic audio
or video communication, including but not limited to Zoom, Skype, or similar platforms.
To the extent it is impractical for a parties’ principal to participate in the conference,
counsel for that party must have full authority to resolve the case from their clients, who
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shall be readily available by telephone throughout the conference. Disputes concerning
participation in this conference should be brought to the attention of the presiding
Magistrate Judge before the conference takes place.
B. Second Stage: Mediation
Cases that do not resolve during the initial settlement conference shall be set for a
formal mediation.
1. Appointment of the Panel of Neutrals
The Court shall solicit applications for experienced and qualified mediators
(“neutrals”) and shall appoint a single panel of 30 neutrals, whose names shall be on a wheel
from which appointments shall be made in rotation. The panel may be expanded if
experience shows the need for additional neutrals to adequately service the caseload.
2. Scheduling of Mediation
The parties shall provide the Chief Magistrate Judge written notice (including by
email and preferably jointly) of completion of the First Stage along with a request for
mediation. The Chief Magistrate Judge or the Program Administrator shall then schedule a
settlement conference with the presiding Magistrate Judge or direct the parties to mediation
with a “neutral” from the Court-approved list. The presiding Magistrate Judge or Chief
Magistrate Judge may direct the parties to mediation with a neutral within 60 days of the
Disclosure Deadline even if neither party submits the written notice. The presiding
Magistrate Judge may also elect to serve as neutral to conduct a settlement conference with
the parties, in lieu of and/or subsequent to early mediation with an appointed neutral.
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If any party perceives a potential conflict associated with the assigned neutral,
counsel for that party shall immediately inform opposing counsel and thereafter inform the
Chief Magistrate Judge or the Program Administrator, who will presumptively reassign the
case to a different neutral. This provision should not be read to allow “neutral shopping”
and, should the Court determine such is taking place, the responsible party or parties may
be subject to sanctions.
The Chief Magistrate Judge, Program Administrator, or appointed neutral for the case
may set a scheduling conference, or communicate with counsel about availability through
other means, but shall seek to schedule the mediations in an expeditious manner at mutually
convenient times and dates for all parties. It is the goal of the SSP to conduct mediations
within 90 days of the neutral’s appointment. If mediation is canceled with less than 14 days’
notice by either party, the canceling party will pay a $500 fee to the assigned neutral.
3. Conduct of Mediation
After scheduling of the mediation, counsel for each party shall submit confidential
statements solely to the appointed neutral. The appointed neutral shall determine, after
conferring with the parties, the length of the confidential mediation statements and the
permissible number of exhibits attached thereto.
Plaintiff(s) shall be present in-person along with counsel (subject to accommodations
approved by the Chief Magistrate Judge or the case’s appointed neutral). Defense counsel
shall also attend in-person. A representative from defendant(s) is encouraged to attend, but
unless otherwise directed by the Chief Magistrate Judge the defendant(s)’ representative
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shall not be required to attend if counsel for the defendant has full authority to resolve the
case. In addition, a representative of the defendant shall be readily available by telephone.
The presiding Magistrate Judge or a neutral from the court-approved list shall
mediate all cases. To the extent agreed by the parties and the presiding Magistrate Judge or
the case’s appointed neutral this mediation or settlement conference may be conducted by
phone or other means of electronic audio or video communication, including but not limited
to Zoom, Skype, or similar platforms.
As part of this Streamlined Settlement Program, the neutral may allow each party to
make opening statements but there shall be no live witness testimony. The parameters of
any settlement conference presided over by a Magistrate Judge are fully within the discretion
of that judge.
i. List of Neutrals
The Court will, in due course, solicit applications, designate, and
appoint neutrals to serve on the SSP panel and will publish that list as soon as
practicable thereafter.
ii. Neutral Training
The Court may, at its discretion, undertake to provide special training
to the neutrals through one or more of its Magistrate Judges or as otherwise
directed by the Chief Magistrate Judge. The Court, through its Magistrate
Judges, may jointly form a plaintiffs’ liaison committee and a defense liaison
committee. If formed, the Court may solicit input and responses concerning
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commonly occurring legal issues that the liaison committees, from experience,
believe may arise in a large number of these cases, along with relevant case
law or other authority addressing these issues. While the ultimate
determination of any such common issue may well be fact driven, and the
outcome of any legal issue will be determined by the Court, the Court may seek
this information in order to educate and fully prepare the appointed neutrals
with the hope of expediting the settlement process. The assigned Magistrate
Judges may facilitate discussions by and among the appointed neutrals to
promote, to the extent possible, consistency in the resolution of cases.
C. Extensions of Time
The Chief Magistrate Judge may extend by 15 days any deadline specified in this Order
upon a joint request or for good cause. No further extensions will be provided absent
exceptional circumstances.
D. Stay of Proceedings / Discovery
Except for the disclosures required by the Disaster Protocols, there shall be no formal
discovery for any of the Hurricane Cases during the SSP. During the entirety of the SSP, all
pretrial matters, discovery, and related activity shall be stayed for cases subject to this Order
unless and until the Chief Magistrate Judge certifies that the parties for a particular
Hurricane Case have complied with the requirements of this Streamlined Settlement
Program.
Discovery on a limited issue or in exceptional circumstances may be authorized by
the Chief Magistrate Judge. The exceptional circumstances as well as the scope and limits of
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any permitted discovery shall be determined by the Chief Magistrate Judge. The parties
should understand that, given the purpose of this Order, it is highly unlikely that any
discovery outside that provided for in the Disaster Protocols will be permitted.
E. Procedure following mediation
Once the mediation is concluded, counsel for the parties shall notify the Chief
Magistrate Judge and/or the Program Administrator, advising whether the mediation was
successful and whether further discussions are necessary or advisable to resolve the case.
In case of the latter circumstance, the parties may request that the presiding Magistrate
Judge assist in additional settlement discussions. At the presiding Magistrate Judge’s
discretion, further mediation or a settlement conference may be ordered, or the case may be
designated to have the stay lifted and returned to the docket for scheduling.
F. Retroactive Application to Pending Cases
Following adoption of this CMO, the Court will issue an Order providing the
opportunity for parties in previously filed cases to opt-in to the SSP by agreement of the
parties with consent of the presiding District Judge.
SECTION 4. APPOINTED NEUTRALS
A. Compensation of Appointed Neutrals
The appointed neutrals under the SSP shall be compensated in the amount of $400
per hour and all actual expenses of the appointed neutrals, including but not limited to travel,
meeting rooms, telephone, and electronic audio or video conference means. No
administrative fee may be charged by any neutral.
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Unless otherwise directed by mutual agreement of the parties or as otherwise
directed by the Chief Magistrate Judge, all of the above fees and expenses shall be paid
twenty-five (25%) by the plaintiff(s), and the other seventy-five (75%) of the invoiced
amounts shall be paid by the defendant(s). The cancellation fee referenced under Section
3.II.A will be paid by the canceling party or parties.
B. Role of Appointed Neutrals
The appointed neutrals may communicate ex parte with the presiding and/or Chief
Magistrate Judge without providing notice to the parties, including communication certifying
that the parties have complied with the requirements of the SSP.
The presiding and/or Chief Magistrate Judge and appointed neutrals may initiate
contact and communicate with counsel for any party as he or she deems appropriate with
respect to the efficient administration and management of the SSP.
The presiding and/or Chief Magistrate Judge and appointed neutrals, the parties, and
those assisting the foregoing shall be bound by the confidentiality of the settlement
discussions.
C. Notice to the Chief Magistrate Judge
If no party to a Hurricane Case petitions to opt out, then the parties shall jointly send
notification of participation in the SSP to the Chief Magistrate Judge within seven days
following the expiration of the opt out deadline in their case (i.e., 22 days from the last
defendant filing a responsive pleading).
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SECTION 5. COURT-APPOINTED UMPIRES REQUIRED UNDER CERTAIN POLICIES
If an insurance policy concerning a claim involving the Hurricane provides for court
appointment of a neutral or third-appraiser for valuation disputes, hereinafter referred to as
an “Umpire,” any request for the appointment by this Court of an Umpire shall be made in
writing no later than 14 days following the filing of the defendant’s responsive pleading. Any
motion or request for this Court’s appointment of an Umpire shall be submitted to the
presiding Magistrate Judge in the same manner as provided for a discovery dispute under
the SSP. The deadline may be extended by the presiding Magistrate Judge in exceptional
circumstances.
An Order concerning the Umpire’s appointment and any applicable deadlines shall be
issued to the parties by the presiding Magistrate Judge and shall be complied with unless the
Order is overturned by the District Judge following an appeal filed under Federal Rule of Civil
Procedure 72 within five days of the Magistrate Judge’s decision. The Court may elect to
issue public notice for interested parties to apply for consideration of appointment as
Umpires pursuant to this Section.
SECTION 6. COURT SUPERVISION
The Mediation Program shall be overseen by the Magistrate Judges, with the Chief
Magistrate Judge presiding over day-to-day operations of the program. The Court shall
appoint a Program Administrator to assist with scheduling, assignment of neutrals, calendar
management, data collection and analysis, and periodic reporting to the Court. The Court
shall solicit applications for an experienced and qualified individual or firm to serve as
Program Administrator.
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The costs of the Program Administrator shall not exceed $350/case and shall be
assessed against the parties in the same percentages as the mediation costs (75% to
defendants, 25% to plaintiffs).
SECTION 7. SSP FEES UNRECOVERABLE
Fees and costs paid to the appointed neutral or to the Program Administrator by the
parties shall not be recoverable as taxable costs if the case is placed back on the docket and
resolves by dispositive motion or judgment after trial.
SO ORDERED this 26th day of August, 2022.
For the en banc court:
_________________________________________
NANNETTE JOLIVETTE BROWN
CHIEF JUDGE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
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EXHIBIT A
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA
ORDER FOR FIRST-PARTY INSURANCE PROPERTY DAMAGE
CASES ARISING FROM HURRICANE IDA
This court is implementing this INITIAL DISCOVERY PROTOCOLS FOR FIRST-PARTY
INSURANCE PROPERTY DAMAGE CASES ARISING FROM DISASTERS.
These Disaster Litigation Initial Discovery Protocols (“Disaster Protocols”) apply to
all cases involving first-party insurance property-damage claims arising from Hurricane Ida
(“Hurricane Cases”). If any party believes that there is good cause to be excused from any
provision of the Disaster Protocols, in whole or in part, that party may raise the issue with
the presiding Magistrate Judge.
Within 30 days after the last-responding defendant’s submission of a responsive
pleading or motion (or, if falling on a later date, 30 days from an Order denying a timely
motion to remand), the parties must provide to one another the documents and information
described in the Disaster Protocols for the relevant time period. This obligation supersedes
the parties’ obligations to provide initial disclosures under FRCP 26(a)(1). The parties must
use the documents and information exchanged under the Disaster Protocols to prepare the
FRCP 26(f) discovery plan.
The parties’ responses to the Disaster Protocols must comply with FRCP 26(e)
regarding the duty to supplement and with FRCP 26(g) regarding certification of responses.
As stated in the Protocols, this Initial Discovery is not subject to objections, except on the
grounds of attorney-client privilege or work-product protection. Documents or information
withheld based on an attorney-client privilege or work- product protection claim are subject
to FRCP 26(b)(5) and the requirements of CMO No. 1.
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INITIAL DISCOVERY PROTOCOLS FOR FIRST-PARTY INSURANCE
PROPERTY DAMAGE CASES ARISING FROM HURRICANE IDA
PART 1: INTRODUCTION AND DEFINITIONS.
A. Definitions. The following definitions apply to cases under the Disaster Protocols.
1. Claimed Loss. “Claimed Loss” means the loss or damage that the Insured seeks
to recover from the Insurer in the litigation.
2. Event. “Event” means the disaster alleged to have caused the Insured’s
Claimed Loss.
3. Identify (Natural Persons). When referring to natural persons, to “identify”
means to give the person’s: (i) full name; (ii) present or last known address and
telephone number; (iii) email address; (iv) present or last known place of
employment; (v) present or last known job title; and (vi) relationship, if any, to the
parties. Once a person has been identified in accordance with this subparagraph, only
the name of that person need be listed in response to subsequent requests to identify
that person.
4. Identify (Non-Natural Persons or Entities). When referring to a corporate
entity, partnership, or other unincorporated association, to “identify” means to give
the: (i) corporate or entity name and, if known, the trade or other names under which
it has done business during the relevant time period; (ii) state of incorporation or
registration; (iii) address of its principal place of business; (iv) primary phone
number; and (v) internet address. Once a corporate or other business entity has been
identified in accordance with this subparagraph, only the name of that entity needs
to be listed in response to subsequent requests to identify that entity.
5. Insurer. “Insurer” means any person or entity alleged to have insured the
Property that is the subject of the operative complaint, unless otherwise specified.
6. Insured. “Insured” means any named individual(s), corporate entity(ies),
partnership(s), or other unincorporated association(s) alleging property damage as
an Insured in the litigation, or asserting a claim under an assignment.
7. Loss. “Loss” means damage to the Property caused by the Event.
8. NFIP Claim. “NFIP Claim” means a claim the Insured asserts in the litigation
for coverage under a National Flood Insurance Program insurance policy.
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9. Other Insurance. “Other Insurance” means any insurance policy, other than
the Policy in force on the date of the Event, that covers or potentially covers the
Property or the Claimed Loss.
10. Policy. “Policy” means the insurance policy alleged to cover some or all of
Insured’s Claimed Loss that is the subject of the Insured’s claim in the litigation.
11. Property. “Property” means the property (building or contents) that the
Insured claims coverage for under the Policy in the litigation.
B. Instructions.
1. The relevant time period for this Initial Discovery begins on the date
immediately before the Event (August 29, 2021) and ends 15 days prior to mediation,
unless a different time period is indicated with respect to a specific production
obligation as set out in Part 2 or Part 3 below. The first disclosure is due 30 days from
the date the defendant files responsive pleadings or the Court denies a timely file
motion to remand. A supplemental disclosure must be made 15 days prior to the
mediation.
2. This Initial Discovery is presumptively not subject to any objections except for
attorney-client privilege or work-product protection. Documents withheld based on
a privilege or work-product protection claim are subject to FRCP 26(b)(5). A detailed
privilege log is required as specified in the applicable Case Management Order or any
subsequent orders of the Court.
3. If a partial or incomplete or “unknown at this time” answer or production is
given to any disclosure requirement in these Disaster Protocols, the responding party
must state the reason that the answer or production is partial, incomplete, or
unknown and when supplemental information or documents providing a complete
response will be produced.
4. For this Initial Discovery, a party must disclose information and documents
that the disclosing party has in its possession, custody, or control and that are
reasonably available. This Initial Discovery is subject to FRCP 26(e) on
supplementation and to FRCP 26(g) on certification of responses. This Initial
Discovery does not preclude either party from seeking additional discovery later
under the rules.
5. This Initial Discovery is subject to FRCP 34(b)(2)(E) on the form of production.
6. This Initial Discovery is subject to the attached Interim Protective Order
unless the parties agree or the court orders otherwise. The Interim Protective Order
will remain in place until and unless the parties agree on, or the court orders, a
different protective order. Absent party agreement or court order, the Interim
Protective Order does not apply to subsequent discovery.
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7. Within 14 days after the entry of this Order, the Parties will meet and confer
on the format (e.g., TIFF/text, searchable pdf, or Excel) for the production of
documents under these Disaster Protocols. This will not delay the timeframes for
Initial Discovery, absent an Order of the Court, nor will production in one format
preclude requesting production in another format, if applicable rules of discovery
allow for such.
PART 2: INFORMATION AND DOCUMENTS TO BE PRODUCED BY THE INSURED.
A. Timing. Unless the court orders otherwise, the Insured’s Initial Discovery responses
must be provided within 30 days after the Insurer has submitted a responsive pleading or
motion (its first filing in this Court in response or answer to the plaintiff’s claim), or within
30 days of the denial of a timely motion to remand if that date is later.
B. Information to be produced by the Insured:
1. A description of the Insured’s ownership or other interest in the Property.
2. The address of the Property (or location of movable Property) on the date of
the Event.
3. The name of each Insurer and all policy numbers for each Policy or Other
Insurance held by or potentially benefitting the Insured or the Property on the date
of the loss, including relevant policy and claim numbers for any claims.
4. The identity of any current mortgagee or other known lien holder.
5. A computation of each item or type of Claimed Loss, including content claims
if in dispute. When the Policy requires, the computation should reasonably identify
or itemize price and quantity of materials.
6. A description/list of any payments received under the Policy relating to the
Event. The source and amount of any payments received after the Event from Other
Insurance, or any other source, for all or any part of the Loss should be identified.
7. The identity of any grant or other similar program that the Insured applied for
after the Event, including a Small Business Administration loan, seeking payment for
all or any part of the Loss.
8. The identity of the public or other adjusters, estimators, inspectors,
contractors, engineers, or other persons engaged by or on behalf of the Insured
relating to the Claimed Loss.
9. With respect to any Other Insurance, all policy numbers, the name of each
insurer, and claim and docket numbers for any claims made for coverage by the
Insured on the same Property at issue in this litigation.
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10. The identity of the source and amount of any payments received after the
Event from Other Insurance, or any other source, for all or any part of the Loss.
11. A general description, including the court and docket number, of any other
lawsuits, if any, arising from the Event relating to the Property.
12. A general description of any known preexisting damage to the Property
relating to the Claimed Loss.
13. A general description of any claims for property damage or lawsuits resulting
from property damage in the past 10 years relating to the Property.
14. Details of any sale, transfer, or foreclosure of the Property after the Event.
C. Complete and unaltered copies of the following documents to be produced by the
Insured:
1. Documents relating to the Claimed Loss, including loss estimates; adjuster’s
reports; engineering reports; contractor’s reports; estimates, bids, plans, or
specifications regarding repair work (whether planned, in progress, or completed);
photographs; videos; or other materials relating to the Claimed Loss, along with any
receipts, invoices, and other records of actual costs to repair or replace the Claimed
Loss. This shall include all reports or analyses, including draft reports, prepared on
behalf of or for Insured.
2. Proofs of loss for the Claimed Loss.
3. Documents relied on by the Insured in generating any proof of loss required
or provided under the Policy.
4. Written communications exchanged between the Insured and Insurer that
refer or relate to Insured’s Claimed Loss, the Property, or damages, or otherwise
relating to the Insured’s claim.
5. Photographs and videos of the Property taken for the purpose of documenting
the condition of the Property, including photographs and videos of the Loss.
6. Written communications, photographs, or estimates of damages sought from
or paid by any other insurer related to the Event.
7. The insurance policy with respect to any Other Insurance, and the claim
numbers for claims made to recover Loss to the Property relating to the Event.
8. Appraisals or surveys of the Property condition within five years before, or
any time after, the Event.
9. If there has been an appraisal under the Policy, documents relating to the
appraisal process.
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10. For NFIP Claims, communications to and from FEMA, the Insurer, and the
Insured relating to the Claimed Loss or the Property before the litigation was filed.
11. For NFIP Claims, documents relating to an administrative appeal under 44
C.F.R. § 62.20.
12. Any other document(s) on which the Insured relies to support the Claimed
Loss.
PART 3: INFORMATION AND DOCUMENTS TO BE PRODUCED BY THE INSURER.
A. Timing. Unless the court orders otherwise, the Insurer’s Initial Discovery responses
must be provided within 30 days after the Insurer has submitted a responsive pleading or
motion (its first filing in this Court in response or answer to the plaintiff’s claim), or within
30 days of the denial of a timely motion to remand if that date is later. The disclosures related
to Insurers and the use of the term “Insurer” under this Part shall extend to anyone acting
for or on behalf of the Insurer in relation to the claim of the Insured, including the employees,
contractors, and agents of either the Insurer or anyone providing services to the Insurer
related to the Insured’s claim or Claimed Loss.
B. Information to be produced by the Insurer:
1. If there is a dispute over coverage, in whole or in part, an explanation of the
Insurer’s reason for the denial of coverage, including:
(a) Any exclusions or exceptions, or other coverage or legal defenses;
(b) The factual basis for any exclusion, limitation, exception, or condition-
based dispute or defense;
(c) Whether there is also a dispute as to the value or amount of the Claimed
Loss;
(d) Any other basis on which coverage was denied.
2. If there is a dispute over all or part of the valuation, an explanation of the
Insurer’s basis for disputing the value or amount of the Claimed Loss, including:
(a) The Insurer’s description of the nature of the dispute;
(b) The amount the Insurer disputes and the basis for that dispute,
including any applicable Policy provisions that the Insurer alleges or believes
are relevant to the dispute; and
(c) The amount the Insurer agrees to pay, if any, with respect to any
undisputed part of the Claimed Loss.
3. Any Policy terms or conditions that the Insurer alleges the Insured failed to
comply with, including conditions precedent or other terms.
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4. Any payments previously made under the Policy relating to the Event.
5. A general description of any other basis for nonpayment of the Claimed Loss,
in whole or in part.
6. Any other Event-related lawsuits filed for the Property or the Insured.
7. the identity of the adjuster(s) who handled the claim.
8. The identity of the individual(s) who evaluated, recommended, made,
approved, or rejected the claim decision.
9. The identity of the field personnel, estimators, inspectors, contractors,
engineers, or other persons who participated in any investigation of the claims or the
claims process, had any part relating to Insurer’s evaluation process for the claims, or
upon who the Insurer relied upon or received information from concerning Insurer’s
evaluation process or claim decision; and identify anyone who had any role in
drafting, editing, reviewing, or approving any report(s), evaluation(s), or
inspection(s) on behalf of Insurer involving the Insured’s claim.
10. If preexisting damage is at issue in the litigation, a general description of any
prior claims in the past ten years for the Property.
C. Complete and unaltered copies of the following documents to be produced by the
Insurer:
1. The entire claim file maintained by the Insurer.
2. The complete Policy in effect at the time of the Event.
3. Assessments of the Claimed Loss, including: loss reports, expert reports that
contain any description or analysis of the scope of loss or any defenses under the
Policy, damage assessments, adjuster’s reports, engineering reports, contractor’s
reports, and estimates of repair or replacement. This shall include all reports or
analyses, including all drafts, prepared as part of the evaluation or claims process
involving Insured’s claim by Insurer, or documents or records reviewed in any way
in connection with Insurer’s handling of the claim.
4. Photographs and videos of the Property taken for the purpose of documenting
the condition of the Property, including photographs and videos of the Claimed Loss.
5. Any other evaluations of the Claimed Loss.
6. Documents containing recordings, transcripts, or notes of statements,
conversations, or communications by or between the Insurer and the Insured relating
to the Event.
7. Any claim log, journal, diary, or record maintained by the Insurer relating to
the Claimed Loss. This includes all written records, written communications, records
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of oral communications, reports, audits, or other records, including any documents,
envelopes, logs or other documents evidencing when Insurer came into possession of
any such records, regarding any aspect of the Insured’s claim or that are in any way
relating to the Insurer’s investigation into the Claimed Loss, Insurer’s processing of
Insured’s claim (including adjustment, evaluation, and handling), or Insurer’s claim
decision.
8. The complete underwriting file maintained by the Insurer relating to the
Property, its condition, or coverage.
9. Proofs of loss for the Claimed Loss.
10. If there has been an appraisal under the Policy, all documents relating to the
appraisal process.
11. Any manuals, policies, directives, guidelines, instructions (whether written,
electronic, or otherwise), literature, or similar written materials that would pertain
to the Claimed Loss, or to similar types of claims generally such that they would
therefore be applicable to the Hurricane Cases including the Insured’s claim. This
includes any document that Insurer relied upon, or intends to rely upon, pertaining
to industry guidelines, standard practices, or recommended practices for adjusting
first party claims.
12. For non-NFIP Claims, written communications exchanged between the
Insured and Insurer that refer or relate to Insured’s Claimed Loss, Property, or
damages, or otherwise relating to the Insured’s claim.
13. For NFIP Write Your Own Claims, communications to and from FEMA, the
Insurer, and the Insured relating to the Claimed Loss or the Property before the
litigation was filed.
14. For NFIP Direct Claims, written communications exchanged between the
Insured and FEMA claims-handling personnel referring to the Insured’s Claimed Loss,
Property, or damages, or otherwise relating to the Insured’s claim.
15. For all NFIP Claims, documents relating to the administrative appeal under 44
C.F.R. § 62.20.
16. Any other document(s) on which the Insurer relies to support its defenses.
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