I always advocate for civility and cooperation in e-discovery. But, it may be prudent to expressly threaten a lawsuit in a preservation notice. It may also be cautious to avoid.
Leritz
BENTON – Swansea Rural King sued Travelers insurance companies for coverage of a dog bite suit without possessing a contract to support its claim.
On Jan. 26, Rural King counsel James Leritz of St. Louis advised U.S. Magistrate Reona Daly that, “plaintiffs are attempting to locate such a contract.”
On Feb. 2, Travelers counsel Richard Valentino of Chicago replied that, “if such a contract exists they would have been a party to it and thus had a copy.
“Plaintiffs ask the court to allow them to take discovery so they can develop a good faith basis for a suit they already filed.”
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Insurance companies argue that a policy for the manufacturer of a dog collar should not be extended to the store where that collar was purchased before it allegedly broke, resulting in a pit bull attacking a woman.
On Jan. 8, Travelers Property Casualty Insurance Company and Charter Oak Fire Insurance Company filed a motion to dismiss the complaint filed by Rural King Distribution and Management Inc. and Swansea Rural King Inc. The motion was filed through attorney Richard Valentino of SmithAmundsen LLC in Chicago.
According to its memorandum in support of its motion, the defendants argue that the certificate of insurance that Rural King relies on “does entitle them to additional insured status, nor could plaintiffs reasonably rely on it as proof of such status.”