Mealey's Litigation Procedure - Underlying Listeria Claims Files Are Protected, Federal Magistrate Judge Determines

Mealey's Litigation Procedure - Underlying Listeria Claims Files Are Protected, Federal Magistrate Judge Determines

DENVER - An insurer's claims files related to an underlying listeria lawsuit filed against an insured are protected under the work product doctrine because the underlying Listeria action is a "subsequent action" and not a separate action from the coverage suit filed against the insurer by another insurer, a Colorado federal magistrate judge said June 5 (Continental Western Insurance Co. v. Colony Insurance Co., No. 13-1425, D. Colo.; 2014 U.S. Dist. LEXIS 76701).

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