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Lubritz v. AIG Claims, Inc.

United States District Court, D. Nevada

April 18, 2018

JOEL LUBRITZ, Plaintiff(s),
v.
AIG CLAIMS, INC., Defendant(s).

          ORDER (Docket No. 18)

          NANCY J. KOPPE United States Magistrate Judge

         Pending before the Court is Plaintiff's motion for production of unredacted claims notes pursuant to Rule 612 of the Federal Rules of Evidence, and for sanctions. Docket No. 18. Defendant filed a response in opposition and a counter-request for sanctions, and Plaintiff filed a reply. Docket Nos. 19-20. The unredacted claims notes were submitted for the Court's in camera review.[1] A complete copy of the deposition transcript at issue was filed. Docket No. 23. A privilege log was filed. Docket No. 26. The Court held a hearing on the motion on April 16, 2018. Docket No. 29; see also Hearing Rec. (4/16/2018) at 2:02-2:30 p.m.[2]

         I. OVERVIEW

         This is an insurance dispute regarding Plaintiff's attempt to recover from Defendant for a claim under his underinsured motorist policy. See Docket No. 1-1 at ¶¶ 7-12. More specifically, Plaintiff alleges that he suffered severe, life-long injuries as a result of a motor vehicle collision and that Defendant unreasonably refused to pay the fair value of his claim. See Id. Plaintiff brings causes of action for breach of contract, bad faith, and violation of Nevada's Unfair Trade Practices Act. See id. at ¶¶ 14-32.

         Timothy McCabe is the claims handler responsible for Plaintiff's claim that is the subject of this litigation. See Docket No. 18 at 2. Defendant has already produced a redacted version of the claims file, see id., but redacted parts of the claims notes on the basis of attorney-client privilege and attorney work-product protection, see Docket No. 19 at 2. At his deposition, Mr. McCabe testified about using the claims file to refresh his recollection prior to testifying:

Q: You also testified, Mr. McCabe, that you reviewed your file in preparation for your deposition today?
A: Correct.
Q.: Did that refresh your recollection?
A.: Somewhat so, yeah.
Q.: Okay. Did you review the claim notes in preparation for your deposition today?
A.: Yes.
Q.: Did reviewing all of the entries in your claim notes refresh your recollection to testify today?
A.: I would say so, yeah.
Q.: When did you conduct that review of your file?
A.: A little bit at defense counsel yesterday and then a little bit more last ...

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