Does a plaintiff have the right to compel discovery of the liability policy of a defendant in a personal injury action?

California, United States of America


The following excerpt is from Doak v. Superior Court for Los Angeles County, 257 Cal.App.2d 825, 27 A.L.R.3d 1362, 65 Cal.Rptr. 193 (Cal. App. 1968):

We agree, of course, as the court said in People ex rel. Terry v. Fisher, supra (145 N.E.2d, at p. 593), that 'Litigation is a practical business. The litigant sues to recover money and is not interested in a paper judgment that cannot be collected.' Obviously this is true in all tort litigation. It [257 Cal.App.2d 832] may also be true in all such cases that the existence of a defendant's assets other than his liability policy could be the controlling factor in determining the possibility of compromise or the manner in which a case is to be tried. It does not follow that a plaintiff in an ordinary action for damages for personal injuries or wrongful death allegedly caused by the negligence of the defendant should have the right to compel discovery with respect to such other assets.

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