Naiman v. Niagara Falls Insurance

Special Term has ruled that the defendant’s answer was to be stricken unless it produced certain reports made by a firm of investigators, which it engaged to ascertain the facts concerning the validity of plaintiff’s claim for loss under a theft policy.

We consider such a report of an investigation made after the claim for loss was presented, and for the purpose of aiding defendant in preparing its defense, to be a document which is not subject to inspection by plaintiff on an examination of defendant before trial. It would not be competent as evidence to support plaintiff’s claim, and may not…