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Carrier Ordered To Appear For Deposition In NY Personal Injury Action

June 8, 2010

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In Nacherlilla v. Prospect Park Alliance (18455/05) a Brooklyn Judge issued an order compelling the deposition of a non-party insurance company. Plaintiff was injured in a horseback riding accident in Brooklyn’s Prospect Park. Clarendon Insurance Company had issued a policy to the stable, which Clarendon claimed was cancelled before the accident. When plaintiff learned of the insurance policy, plaintiff filed a claim with Clarendon, and issued a Subpoena to Clarendon for a non-party deposition.
In the motion to compel the deposition, plaintiff argued that the deposition was necessary to determine whether the cancellation was proper. In opposition, Clarendon argued that the Subpoena was defective because it did not identify the reasons or purpose for the deposition, and that plaintiff lacked standing to contest coverage because no judgment had been issued against the insured.
The court granted plaintiff’s motion to compel Clarendon’s deposition. The court did note, however, that Clarendon never sought to quash the So-Ordered Subpoena.
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