A&R Body Specialty and Collision Works Inc. v. Progressive Casualty Insurance Co.
A court can deny a request to disclose documents that are not pertinent or that are subject to confidentiality or nondisclosure agreements. The plaintiff auto body companies sued the defendant, Progressive Casualty Insurance. During discovery, Progressive Casualty requested copies of one of the plaintiff's repair contracts with Nationwide Mutual Insurance and The Hartford. The plaintiff objected that the requested contracts were not pertinent and that they were subject to confidentiality and non-disclosure agreements. The District Court conducted an in camera review and denied Progressive Casualty's request for the plaintiff's repair contracts with Nationwide Mutual and The Hartford. Progressive Casualty also requested information about labor rates, and the District Court ordered the disclosure of the labor rates. To the extent information requested is a category of information contained in the complaint, the court ordered the plaintiff to disclose, to defense attorneys only, information about the amount of work the plaintiff will receive from Nationwide Mutual and The Hartford, any requirements that specific computer software be used to generate estimates, and the use of parts discounts and aftermarket or used parts.