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Thursday, November 21, 2013

JAMES J. PROCOPIO, JR. VS. GOVERNMENT EMPLOYEES INSURANCE COMPANY

JAMES J. PROCOPIO, JR. VS. GOVERNMENT EMPLOYEES
INSURANCE COMPANY, a/k/a and d/b/a GEICO
 A-2313-12T2

On leave granted, we reverse the trial court's
interlocutory order compelling production of an insurer's
claim file without first awaiting the outcome of the
insured's bifurcated claim to underinsured (UIM) benefits,
as premature, inefficient and potentially prejudicial to
the insurer. We hold that where the underlying UIM or UM
claim has been severed from the insured's bad faith claim
for trial purposes, discovery as to the latter should await
completion of the former in the insured's favor. 11-21-13