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In this Insurance Law Update, Jenner & Block Partner Matthew L. Jacobs and Associate Andrew C. Noll examine the underwriting file -- one of the richest sources of information regarding the insurer’s construction of its own policy language. The information in such files is highly relevant and, the authors explain, discoverable. They then explore one area of frequent dispute in insurance coverage litigation: whether a policyholder may seek, through discovery, the production of an insurer’s underwriting file.
The Update has been republished in Law360.