Tiberi v. CIGNA Insurance

POLITZ, Chief Judge:

CIGNA Fire Underwriters Insurance Company and its attorney M. Eliza Stewart appeal an order of the district court denying them discovery and awarding costs and attorneys fees to Millers Mutual Fire Insurance Company and Millers Group Insurance. We affirm in part, reverse in part, and vacate in part.

Background

This appeal arises from attempts at discovery in the Northern District of Texas for litigation pending in the District of New Mexico in which CIGNA is the defendant in a breach of contract suit. The gravamen of that action is a claimed loss of business by insurance…