Nagy v. American Standard Insurance Company of Wisconsin
Filing
17
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's motion to compel 15 is granted, and defendant shall provide written responses and produce all requested documents without objection to Request Numbers 1, 2, and 3 of Plaintiff 39;s Request for Production of Documents within 10 days of the date of this Order. Failure to comply with this Memorandum and Order may result in the entry of sanctions against defendant.. Signed by District Judge Rodney W. Sippel on 7/25/17. (LGK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RAYMOND NAGY,
Plaintiff,
vs.
AMERICAN STANDARD INS. CO.
OF WISCONSIN,
Defendant.
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Case No. 4:16 CV 1719 RWS
MEMORANDUM AND ORDER
This insurance dispute is before me on plaintiff’s motion to compel
defendant insurer to produce discovery relating to his insurance policies.
Plaintiff’s motion is well taken as plaintiff is entitled to the insurance policies
issued to plaintiff. If defendant is taking the position that no insurance policy
exists for the period December 19, 2014 to December 19, 2015, then defendant is
required to unequivocally so state, without objection, that it has no documents
responsive to this request because no such policy exists. However, producing a
declarations page purporting to issue insurance coverage from December 19, 2014
to December 19, 2014 is not responsive to this request, unless defendant is
conceding that there is a typographical error on this page and that coverage really
was in effect from December 19, 2014 to December 19, 2015. If that is the case,
then defendant is required to unequivocally so state, without objection. Plaintiff
should not be left to guess as to defendant’s position about the existence of the
insurance policy during the relevant time period. Defendant is required to provide
this basic information and should have done so without the need for a motion to
compel or Court intervention.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to compel [15] is
granted, and defendant shall provide written responses and produce all requested
documents without objection to Request Numbers 1, 2, and 3 of Plaintiff’s Request
for Production of Documents within 10 days of the date of this Order.
Failure to comply with this Memorandum and Order may result in the entry
of sanctions against defendant.
_______________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 25th day of July, 2017.
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