Responding to Insurance Subpoenas: Policyholder Rights

Responding to Insurance Subpoenas: Policyholder Rights

Getting a subpoena from an insurance company can be scary. What do they want? What are my rights? This article will explain what to do if you get a subpoena from an insurance company.

What is a Subpoena?

A subpoena is a legal document that requires you to provide information or documents to the court or other legal entity. Insurance companies issue subpoenas when they need information for an investigation or lawsuit. The subpoena will tell you what information or documents they need and when they need it by.

Do I Have to Comply?

In most cases, yes. If you don’t comply, the insurance company can ask the court to force you to comply. That can lead to big fines or even jail time for contempt of court. So it’s usually best to comply, but there are some cases where you may be able to challenge the subpoena.

Get Legal Help

These cases can get complicated, so it’s a good idea to get legal help responding to a subpoena. A lawyer can review the subpoena and determine if you have to comply, or if there are grounds to challenge it. They can also help negotiate with the insurance company about what you have to provide.

Review What They’re Asking For

Carefully review everything the subpoena is asking for. Make sure you understand what documents, records, or testimony they want. If anything is unclear, ask the lawyer to get clarification from the insurance company.

Gather Responsive Documents

Once you know what they want, gather all responsive documents. This may include emails, reports, notes, or other records. Make sure to search thoroughly – don’t destroy or hide anything they’ve requested.

Review for Privileged Info

Have your lawyer review the documents before producing them. They can identify any privileged or confidential information that should not be disclosed without a court order.

Negotiate a Protective Order

If you have to turn over confidential business records or trade secrets, ask the lawyer to negotiate a protective order. This legally requires the insurance company to limit access to sensitive information.

Produce Documents

Work with your lawyer to safely and securely produce the documents by the deadline. Follow proper procedures for labeling, Bates stamping, and format.

Testify Truthfully if Required

If you have to testify, tell the truth. Get prepared with your lawyer so you know what to expect. Answer only the questions asked, and don’t volunteer extra information.

Talk to Your Insurance Company

Contact your insurance company about coverage. Many policies cover legal costs for responding to subpoenas. Your insurance may pay the lawyer fees.

Don’t Go It Alone

Subpoenas can be complicated, so get help from a lawyer. They can protect your rights and make sure you comply properly. This will reduce your risk and liability.

With the right legal help, you can get through the subpoena process smoothly. Know your rights and obligations, and you’ll be prepared.

References

How to Respond to a Subpoena: 10 Things You Should Do Immediately. Orrick

Do Insurance Policies Cover the Cost of Responding to Subpoenas? Anderson Kill

Proceed Carefully If You Receive A Subpoena. IIABA

An Insurance Company Must Respond To A Subpoena Involving Ongoing Third-Party Litigation. Nevada Insurance Law

D&O Insurance May Cover Government Subpoenas. Jones Day

Do Insurance Policies Cover the Cost of Responding to Subpoenas? American Bar Association