Raylite Electric Corp. v. New York Fire Insurance

Motion for a protective order modifying or vacating a notice of discovery and inspection is denied. This is an action by an insured under its policy against the insurer for damages resulting from sprinkler leakage.

The defendant disputed the circumstances of the loss, the extent of the damage and has set up an affirmative defense of misrepresentation. After the loss occurred defendant retained a fire adjuster and a property damage expert to examine the claimed damages. They prepared reports, on the basis of which the defense of misrepresentation was interposed. The plaintiff is seeking to…