NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 750

HOUSE BILL 1062

 

 

AN ACT TO ALLOW DISCOVERY OF INSURANCE INFORMATION IN NEGLIGENCE ACTIONS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 1A-1, Rule 26(b) is hereby amended by adding a second paragraph at the end thereof so that Rule 26(b) will read as follows:

"(b)      Scope of examination. — Unless otherwise ordered by the judge as provided by Rule 30(b) or (d), the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection that the testimony will be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence nor is it ground for objection that the examining party has knowledge of the matters as to which testimony is sought. But the deponent shall not be required to produce or submit for inspection any writing obtained or prepared by the adverse party, his attorney, surety, indemnitor, or agent in anticipation of litigation or in preparation for trial unless the judge otherwise orders on the ground that a denial of production or inspection will result in an injustice or undue hardship; but, in no event shall the deponent be required to produce or submit for inspection any part of a writing which reflects an attorney's mental impressions, conclusions, opinions or legal theories, or except as provided in Rule 35, the conclusions of an expert.

Insurance Agreements. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 5th day of July, 1971.