Gross v. Scottsdale Insurance Company

Summary

The United States District Court for the Northern District of California resolves a discovery dispute concerning whether attorney work-product protection bars deposition questions directed to an insurance investigator, Mr. Breen. The Court permits questioning about the disclosed Breen report and factual information concerning his investigation, but not undisclosed mental impressions, conclusions, opinions, or legal theories; it also limits the further deposition because fact discovery has otherwise closed.

Holdings

1. Mr. Gross may question Mr. Breen in a further deposition regarding the contents of the Breen report because those matters have already been disclosed and any remaining protection over previously disclosed matters has been waived.
2. Mr. Gross may question Mr. Breen about factual information regarding the investigation he conducted.
3. Mr. Gross did not establish a basis to compel disclosure of Mr. Breen's undisclosed mental impressions, conclusions, opinions, or legal theories.

Questions Presented

1. Whether Mr. Breen could be deposed about the contents of the already-disclosed Breen report.
2. Whether Mr. Breen could be questioned about factual information concerning the investigation he conducted.
3. Whether work-product protection barred compelled disclosure of undisclosed mental impressions, conclusions, opinions, or legal theories.
4. Whether assertion of a bad-faith insurance claim or disclosure of the Breen report established an implied waiver of work-product protection over all of Mr. Breen's investigation and mental impressions.

Disposition

other