COLONIAL LIFE
DISCOVERY NOT APPLICABLE TO PSYCHIATRIC DISABILITY BAD FAITH ACTION
In Pollock v. Superior Court (2001) 01
CDOS 9554, the Second Appellate District held that a plaintiff in a bad
faith action over the failure to provide psychiatric disability benefits
could not discover the names and address of other past claimants under the
Colonial Life case who also had psychiatric disability benefits denied by
the insurer. The court held that a protective order and use of a form
letter approved by the insurer soliciting communications from past
claimants with the plaintiff was insufficient to protect the past
claimants’ right to confidentiality under the psychotherapist-patient
privilege.
This case is limited to bad faith cases
involving disability policies and psychiatric benefits because of the
particularly sensitive right to privacy concerning mental health records.
Even providing plaintiff with the names and addresses of prior claimants
would reveal the identities of those seeking mental health services.
However, the court specifically did not
hold that a letter to past claimants from the insurer advising that the
past claimants could contact plaintiff on their own and specifically
advising that the plaintiff is unaware of their identities, would also be
impermissible. Thus, the court has provided claimants with a possible
manner by which a form of “Colonial Life” discovery can be permitted in
bad faith psychiatric disability benefit cases
