Insurer Was Entitled To Discovery of Insured’s Entire Computer System Based on Suspicious Document Shredding

Wynmoor Community Council, Inc., et al. v. QBE Ins. Corp., (S.D. Fla. 2012)

Court granted insurer’s discovery of electronically stored information (“ESI”) by a full mirror image of insured’s computer system. The court reasoned that this extreme request was warranted by plaintiffs’ suspicious document shredding and unwillingness or inability to comply with defendant’s requests for production.

Merly Nuñez v. Geico Gen. Ins. Co., (11th Cir. 2012)

Due to a split among Florida courts, the Eleventh Circuit certified the following question to the Florida supreme court: May an insurer require an insured to attend an examination under oath as a condition precedent to recovery of personal injury protection benefits?

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