Discovery of State Farm's "Claims Procedure Guide" Denied

AUTO – DECLARATORY JUDGMENT – DISCOVERY
State Farm Ins. Co. v. Aracena-Almonte
(2nd Dept., decided 5/27/2008)

State Farm brought this DJ action to declare that it is not obligated to defend or indemnify its insured in relation to an underlying personal injury action. State Farm alleged that the underlying automobile collision was intentional and not an accident. A defendant in the DJ action moved purusant to CPLR 3126 to dismiss State Farm's complaint insofar as asserted against him unless the plaintiff provided him with a copy of its "Claims Procedure Guide", and the lower court granted that motion.

In REVERSING the lower court's order and denying the motion, the Second Department held that the moving defendant failed to establish the relevancy of State Farm's "Claims Procedure Guide" to the issues to be decided in this DJ action, namely, whether the underlying automobile collision was intentional or accidental. "Since the defendant was not entitled to discovery of such document, the Supreme Court erred in granting that branch of his motion which was pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against him unless the plaintiff provided him with the document."