Millen Industries, Inc. v. American Mut. Liability Ins. Co.

• Decision Date: 12 October 1971
• Citation: Millen Industries, Inc. v. American Mut. Liability Ins. Co., 324 N.Y.S.2d 930, 37 A.D.2d 817 (N.Y. App. Div. 1971)
• Parties: MILLEN INDUSTRIES, INC., Plaintiff-Respondent, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Defendant-Appellant, Harold S. Daynard et al., etc., Defendants.
• Court: New York Supreme Court — Appellate Division

Page 930

324 N.Y.S.2d 930

37 A.D.2d 817

MILLEN INDUSTRIES, INC., Plaintiff-Respondent, v.AMERICAN MUTUAL LIABILITY INSURANCE COMPANYDefendant-Appellant, Harold S. Daynard et al etc., Defendants.

Supreme Court, Appellate Division, First Department.

Oct. 12, 1971.

R. F. Horowitz, New York City, for plaintiff-respondent.

B. H. Siff, New York City, for defendant-appellant.

Before MARKEWICH, J.P., and KUPFERMAN, MURPHY, STEUER and MACKEN, JJ.

PER CURIAM.

Order, Supreme Court, New York County, entered on June 29, 1971, unanimously modified, on the law, without costs and without disbursements, to limit discovery to those reports which were prepared and received by defendant prior to its rejection of the claim.As so modified, the order is affirmed.

This is an action on an insurance policy insuring plaintiff against dishonest acts of its employees.Defendant employed several independent investigators in regard to the claim.It is their reports that are sought to be discovered.It is undeniable that the payment or rejection of claims is a part of the regular business of an insurance company.Consequently, reports which aid it in the process of deciding...