McAdam
McAdam v. State National Insurance
Opinion
Lead Opinion
Moskowitz, J.
ORDER RE: OBJECTIONS TO THE ORDER COMPELLING BETTER DISCOVERY RESPONSES
Defendant State National Insurance Company, Inc. (“State National”) and Arnold & Arnold, Inc. (collectively, “the objectors”) have filed objections (Doc. 50) to the November 1, 2013 Order Compelling Better Discovery Responses in this case. .For the reasons set forth herein, the Court VACATES the Order (Doc. 44) and the matter is REMANDED for further proceedings consistent with this Order.
I. BACKGROUND
This case arises from a “Hull and Machinery/Protection and Indemnity” Policy (“Policy”) issued by State National to Plaintiff Robert McAdam for the term May 5, 2011 to May 5, 2012. State National is a “program” underwriting firm that does not do claims adjustment itself. Plaintiff owns the vessels Jessica M and Shirley B, both of which were insured under the Policy at all relevant times. On February 24, 2012, Shirley B’s rudder snapped off while the vessel was fishing near New Zealand. Jessica M sailed some 70 miles to help and towed Shirley B to port in Tauranga, New Zealand. State National directed the Shirley B to a repair yard in Whangarei, New Zealand. Both ships underwent repairs in New Zealand.…