Insured Not Entitled To Documents From Consultant Hired By Builder’s Risk Insurer

Mealey's (December 14, 2021, 12:06 PM EST) -- DENVER — A Colorado federal court special master assigned to a breach of contract and bad faith suit arising out of a construction defects claim on Dec. 9 affirmed a ruling that an insured is not entitled to discovery of documents produced by a consulting expert hired by the builders risk insurer because the expert was retained in anticipation of litigation and there is no evidence that the insurer relied on any work by the consultant before it denied the insured’s claim for damage to a concrete slab at a condominium project....