Irvington-Moore, Inc. v. Superior Court

In this discovery proceeding we consider whether the trial court may order the production of an insurance policy in a personal injury action. Petitioners Irvington-Moore, Inc., and U.S. Natural Resources, Inc., are defendants in a personal injury action brought against them by real party in interest Charles David Jordan. Defendants seek a writ of mandate compelling the respondent superior court to vacate its order requiring them to produce their insurance policy which covers the incident in question. Among other things, they contend that Code of Civil Procedure section 2017, subdivision (b), limits discovery of insurance policies to their “existence and contents” and hence does not authorize the production of the actual policies. We find this contention as well as the other arguments advanced in support of defendants’ position to be unpersuasive and consequently will deny the petition for extraordinary relief.

Procedural Background

On January 14, 1991, plaintiff Charles Jordan filed a complaint for personal injuries against the petitioning defendants and others. He set forth causes of action for general negligence, products liability, and premises liability. Defendants…