Claims files are the hard-drive of an insurance carrier. In these files, carriers record all information about a claim: opinions, discovery, reserves, witness statements, etc. With this information, insurance adjusters evaluate claims and apply their expertise in order to pay, adjust or disclaim a claim.

When a claim turns into litigation, an insurance adjuster’s claims file can be very useful to opposing parties. Insurance claims files are, in theory, protected from discovery by work-product doctrine as “material prepared in anticipation of litigation.” But these protections are situational.

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