Discovery

The discoverability of insurance company claims files

By Gene Killian on October 31, 2018

Posted in Bad Faith, Claims Investigation, Discovery, Evidence

I once had a coverage case that involved a claim for environmental contamination at a chicken farm. (Yes. A chicken farm. In New Jersey.) When we were able to pry the claim file loose in discovery, we noticed that the carrier had spent a grand total of $24 to investigate the complex pollution claim, which…

is an AV-rated® graduate of the University of Chicago (B.A., English, with honors) and the University of Michigan Law School. Gene practiced with one of the nation’s preeminent insurance coverage law firms before starting his own law firm in 1995, which is now known as The Killian Firm, P.C. He has represented major business policyholders in a variety of high-profile insurance coverage disputes, both at trial and at the negotiating table. He is a Charter Fellow and New Jersey Co-Chair of the Litigation Counsel of America, an invitation-only society of elite trial attorneys. He is also a Fellow of the American Bar Foundation. ABF Fellows comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. Fellows are recommended by their peers and elected by the Board of the American Bar Foundation.

Practice Areas

Insurance law, representing commercial policyholders
Alternative dispute resolution
Commercial litigation

Professional Associations

Charter Fellow, Litigation Counsel of America
Fellow, American Bar Foundation
New York State Bar Association
American Bar Association
New Jersey State Bar Association

Education

B.A. English 1982, University of Chicago (with honors)
J.D. 1985, University of Michigan Law School

Bar Admissions

New Jersey
New York

New Jersey Insurance Coverage Litigation

Discovery

The discoverability of insurance company claims files

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