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Chen v. Unifund Assurance Company (17-001476)

  • August 16, 2017

A catastrophically injured minor sought entitlement to the insurer’s log notes as part of the preliminary issues, arguing that the insurer’s denials were insufficient to explain why claimed benefits were denied. The insurer argued that the log notes were not relevant and that the claimant was engaged in a “fishing expedition.” Adjudicator White ordered the insurer to produce the log notes. She reasoned that disclosure obligations had to be proportional to the claim being made, and that the serious nature of the claimant’s injuries and status as a minor made the request for log notes proportionally fair.

Full decision here

TGP Analysis

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