Bryce Corporation v. XL Insurance America, Inc.

Background

Bryce Corporation submitted a letter responding to XL Insurance America, Inc.’s request for a premotion conference concerning a proposed motion to strike allegations in Bryce’s amended complaint. The allegations concerned a “Loss Run” that XL provided to Bryce’s insurance broker during negotiations to renew Bryce’s insurance policy. The opinion text identifies the broker as Stephens Insurance, LLC.

Bryce argued that a motion to strike under Federal Rule of Civil Procedure 12(f) was not the proper way to raise XL’s objections about the report’s relevance, admissibility, or protection from disclosure. Bryce also argued that the work product doctrine—which generally protects certain materials prepared for litigation from discovery—did not apply because XL provided the report voluntarily before the lawsuit and before discovery. Bryce further maintained that the report was created and shared as part of ordinary insurance business activities and was relevant to the value of its claims and its allegations that XL failed to act in good faith.

Court’s Action

The court stated that it had received Bryce’s letter and XL’s letters filed at docket numbers 27 and 28. The court did not decide the proposed motion to strike, the report’s evidentiary status, or the parties’ arguments about work product. Instead, the court ordered a telephone premotion conference for August 9, 2023, at 2:00 p.m. to address the issues raised by the parties. It also directed the clerk to terminate the pending motion at docket numbers 27 and 28.

Effect of the Order

This was a scheduling and case-management order, not a ruling on the merits of Bryce’s insurance claims or on whether the Loss Run may be used. The opinion does not state that the proposed motion to strike was granted or denied.