Section 4003.2. Scope of Discovery. Insurance

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A party may obtain discovery of the existence and terms of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of such disclosure admissible in evidence at trial. For the purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement.

The provisions of this Rule 4003.2 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551.

Notation

Explanatory Note

Proposed Rule 4003.2 is taken almost verbatim from Fed. R.Civ.P. 26(b)(2). It codifies the decision of the Pennsylvania Supreme Court in Szarmack v. Welch, 456 Pa. 293, 318 A.2d 707 (1974), permitting discovery of insurance. It makes no change in present practice.

                    
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