Section 2.6 Insurance

• Library: Discovery 2015

Missouri permits discovery of the existence and contents of certain insurance policies applicable to the pending action under Rule 56.01(b)(2), which is similar to its federal counterpart, Federal Rule of Civil Procedure 26(b)(2). Rule 56.01(b)(2) effectively overrules the prior prohibition against this discovery contained in cases such as State ex rel. Bush v. Elliott, 363 S.W.2d 631 (Mo. banc 1963).

The corresponding Federal Rule of Civil Procedure 26(b)(2) was adopted to alleviate the conflict of authority concerning discovery of insurance and to permit “counsel for both sides to make the same realistic appraisal of the case, so that settlement and litigation strategy are based on knowledge and not speculation.” FEDERAL CIVIL...