United States Ninth Circuit

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R & R Sails, Inc. v. Insurance Company of the State of Pennsylvania, 10-55115

In a suit that included a claim of tortious bad faith denial of an insurance claim, the district court's judgment in favor of the insurer on that claim is reversed and the case remanded, and its award of costs to the insurer is necessarily reversed as well, where: 1) the district did not abuse its discretion in finding that the insured failed to meet its obligations under Federal Rules of Civil Procedure 26(a)(1) and Rule 26(e)(1) by failing to comply with pretrial discovery orders concerning invoices that would support its request for Brandt fees; but 2) the district court erred when it excluded the invoices under Rule 37(c)(1), because it did not conduct the requisite harmlessness inquiry or make the requisite findings as to whether the claimed noncompliance involved willfulness, fault, or bad faith.

Appellate Information

  • Decided 03/21/2012
  • Published 03/21/2012


  • Kennelly


  • United States Ninth Circuit


  • For Appellant:
  • John Morris, Daniel J. Gonzalez