Estabrook v. Conley

By Judge John J. McGrath, Jr.

This matter is before the Court on the all-too-familiar question of whether statements taken by an insurance adjuster shortly after an accident may be obtained in discovery. In this case, Progressive Insurance Company carried liability insurance on the defendant who struck the Plaintiff, a pedestrian, while operating his automobile on June 19, 1996. On June 21, 1996, a Progressive Insurance Company adjuster took a statement from the defendant concerning the accident.

The Defendant has refused to produce the statement on the grounds that it was prepared in…