Insurance coverage initiatives often activate the interpretation of standard, industry-wide language used in liability insurance. Insurance companies use the services of the Insurance Services Office, Inc. (ISO), to develop standard language for their insurance policies and are also often involved in the preparation of these forms. As a result, policyholders will often seek documents and information concerning the insurance companies' interpretation of the meaning of the insurance policies, including information on the preparation of history.
Preparatory history may include insurance company manuals, articles written simultaneously with the preparation of standard form regulations, insurance industry publications, insurance industry circulars and explanatory memoranda and insurance industry representations to the public and the press Anything that can help an insurance policyholder and intended application of the insurance.
While parties are entitled to broad disclosure in insurance coverage measures, both parties often refuse to provide certain disclosure, either because they consider such disclosure to be irrelevant, unnecessarily burdensome or because the information sought is privileged or confidential.
Insurance companies often argue against the discovery of preparatory history, referring to the fact that the intention of the contractors of standard insurance policy does not necessarily coincide with the intention of the specific parties to the current policy and to prepare history, and is therefore insignificant. Nevertheless, many courts have argued that the preparation of history is essential for issues relating to the interpretation of insurance policy. 1
Underwriting and Claims Manuals and Materials
Policyholders often look for manuscripts and claims management manuals written by insurance company experts used to provide guidance to insurance company employees, as they believe these manuals can illustrate their insurance policies. . Policyholders also claim that manuals may contain the insurance company's official position on coverage, claims and loss control.
Insurance companies claim that these documents do not provide any relevant information on the interpretation of specific insurance policies and are therefore irrelevant. Nevertheless, these claims and underwriting manuals have been invoked by courts in interpreting insurance policies. 2
Advertising, marketing and other marketing materials
Policyholders often try to force the production of advertising and marketing materials used by insurance companies, claiming that they show how insurance companies interpret and what they have represented to consumers. They also show the insurer's knowledge of the policyholder's activities and of potential underlying risks or problems and can therefore disprove an insurance company's restrictive coverage.
Insurance companies claim that these discovery requests are tangential at best and provide no relevant information regarding the interpretation of specific policies and are therefore irrelevant. The courts have still stated that training manuals, corporate policy notes, guidelines and other requested documents can provide evidence of how insurance companies have understood and are intended to apply the usual insurance policy language and can be detected. 3  Other documentary evidence
During the discovery, policyholders can also seek information about communication with their insurance companies' reinsurers as the communication may lead to the discovery of permitted evidence. For example, reinsurance documents can provide information about "lost" insurances where the policyholder has previously purchased insurance but cannot find the complete copies. They can also provide information on how and how insurance can apply to underlying receivables. Many courts have allowed the discovery of reinsurance documents. 4
Spectacular achievement is always preceded by unspectacular preparation.  – Robert Schuller
1 Nestle Foods Corp. v. Aetna Cas. & Sour. Co. 135 F.R.D. 101, 104 (DNJ 1990).
2 Andover Newton Theological School, Inc. v. Continental Casualty Co. 930 F.2d 89, 94 (1st Cir. 1991).
3 Hoechst Celanese Corp. against National Union Fire Ins. Co. 623 A.2d 1099, 1107 (Del. Super. 1991).
4 Enron Oil Trading Co. v. Underwriters of Lloyd & # 39; s No. CV-90-122 (D. Mont. April 20, 1994).