Paul Revere Life Insurance Co. v. Dibari, 2010 U.S. Dist. LEXIS 42820 (D. Conn. May 3, 2010)

In Paul Revere Life Insurance Co. v. Dibari, the insurer brought action for declaratory judgment against its insured regarding a disability income insurance policy and an overhead expense coverage insurance policy, for which the insurer was paying benefits subject to a full reservation of rights. Paul Revere Life Ins. Co., 2010 U.S. Dist. LEXIS 42820, at **1-2. The insured filed a counterclaim alleging breach of contract, breach of the covenant of good faith and fair dealing, and violations of CUTPA and CUIPA. Id. at *2. Here, the court ruled on the parties’ discovery dispute. Specifically, the court compelled the insurer to identify: (1) “any verdict, judgment or arbitration award against it in any declaratory judgment action that it had commenced from January 2004 to December 31, 2008 for bad faith liability relating to the appropriate care question”; (2) “all declaratory judgment actions that it had commenced from January 2004 to December 31, 2008 in which the insurer sought judicial guidance on the appropriate care question, and where a request for physical examination was made after litigation commenced and not before”; and (3) “identification of all declaratory judgment actions that it had commenced from January 2004 to December 31, 2008 in which the insurer sought judicial guidance on the appropriate care questions, and the insured raised a claim of bad faith.” Id. at **8-9. The court made such rulings without prejudice to the insured to later seek additional identification of judicial or administrative actions in which the insurer was a defendant and not a plaintiff. Id.