H & L Chevrolet, Inc. v. Berkley Insurance

Opinion

DiPENTIMA, J.

The defendant, Berkley Insurance Company, 1 appeals from the judgment of the trial court granting the petition of the plaintiffs, H & L Chevrolet, Inc. (H & L), and A & W Insurance Company (A & W), for a bill of discovery. The defendant claims that the trial court improperly concluded that the plaintiffs had met their burden of proving that probable cause existed to bring a potential cause of action against the defendant. We agree that the facts in this case do not establish probable cause and, accordingly, reverse the judgment of the trial court.

The relevant facts, as…