Proposals take aim at third-party litigation funding

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Pretzel & Stouffer focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted May 19, 2021 1:20 PM

Whether in state or federal court, production of primary and excess policies of insurance covering the defendant, or at least disclosure of the terms of such policies, is required as a matter of course.The 1970 Advisory Committee Notes to the Federal Rules of Civil Procedure that added the requirement under Rule 26 for production of policies of insurance despite not being admissible as evidence state that: “Disclosure of insurance coverage will enable counsel for both sides to make the same realistic appraisal of the case, …

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