Blasi v. Coca-Cola Bottling Co. of New York, Inc.

OPINION OF THE COURT

Jeffrey G. Stark, J.

May a corporation which has employees prepare accident reports in the ordinary course of business immunize the reports from disclosure by regularly forwarding such reports to its insurer? The question arises from the recent decision in Vernet v Gilbert (90 AD2d 846, 847), wherein the Second Department drew a “sharp distinction” between reports intended for insurers, which are immune, and reports which result from the regular internal operations of the business, which are not. For the reasons that follow, the court holds that accident reports made in the…