Class actions are a way for groups of people with common problems to seek a solution in a convenient format.
Insurance bad faith cases are usually hard fought and can be bitter.
Generally speaking, when we take on a carrier for acting contrary to its insured’s interests and allege those actions are malicious justifying punitive damages, the folks on the defense side tend to take it personally.
So, the first rule of discovery in the bad faith case is, assume you are in for a tough fight. Which, in turn, leads to the second and third rules: know your adversary and be prepared.
The most recent iteration of the California Discovery Act provides essentially three methods to obtain testimony and evidence before trial. Each will be discussed at length in this article.