United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM & ORDER
A. ROSS UNITED STATES DISTRICT JUDGE
matter is before the Court on Plaintiff Tyler Rhives's
motion to compel responses to his requests for admissions
(Doc. No. 25) and second motion to compel responses to his
requests for production (Doc. No. 29). For the reasons set
forth below, the motion to compel responses to requests for
admissions will be denied and the second motion to compel
responses to requests for production will be granted in part.
16, 2017, Plaintiff, who was operating a motor scooter, was
injured in a car accident with Nora Cole, who Plaintiff
claims is an uninsured or underinsured motorist. At the time,
Plaintiff was covered by a policy of insurance issued by
Defendant Progressive Advanced Insurance Company
("Progressive"), and that policy included uninsured
and underinsured motorist coverage. Plaintiff alleges that as
a result of the accident, he incurred medical expenses
totaling $15, 000 and lost wages.
27, 2017, Plaintiff, through his attorney, initiated a claim
related to the accident with Progressive. (Doc. No. 30-2).
The record reflects that Progressive paid $50, 000 to
Plaintiff and made an additional offer of $100, 772 to
resolve Plaintiffs claim. (Id.). On August 9, 2018,
Plaintiffs counsel submitted an independent medical
examination report and photographs in support of Plaintiff s
claim and made a demand for the uninsured policy limits of
$300, 000. (Id.). On May 2, 2019, Progressive's
claims specialist increased its offer to $125, 000 to resolve
Plaintiffs claim, and the correspondence reflects that if
additional documentation supporting the need for a hip
replacement surgery was provided, Progressive would
reconsider its offer. (Id.).
filed his lawsuit against Progressive in Missouri state court
on May 17, 2019, alleging breach of contract and vexatious
refusal to pay. (Doc. No. 10). Progressive removed the case
to federal court on June 28, 2019. (Doc. No. 1). The parties
then engaged in written discovery, at which time Plaintiff
requested the production of Progressive's claim file.
Progressive objected on the basis that it was protected under
the work product and attorney-client privileges.
also sent the following requests for admissions, which are
the subject of Plaintiff s motion to compel:
8. The vehicle operated by Nora Cole was an uninsured motor
vehicle within the meaning of defendant's policy.
9. The vehicle operated by Nora Cole was an uninsured motor
vehicle also under the provisions of section 379.203 R.S.MO.
10. Plaintiff Tyler Rhives was an insured person within the
meaning of defendant Progressive's policy of insurance.
11. Plaintiff Tyler Rhives was an insured person within the
meaning of defendant Progressive's policy of insurance
and was eligible for uninsured motor vehicle coverages and
12. On June 21, 2017 Nora Cole was indicted by a St. Louis
County grand jury pursuant to Section 577.010 (DWI with
serious physical injury) for the collision with Tyler Rhives.
13. A true and accurate copy of the grand jury indictment
charging Nora Cole for the June 21, 2017 collision is
attached hereto ...