Art. 1423.Scope of Discovery; Insurance Agreements

Knowing whether -- and how much -- insurance stands behind a claim shapes a lawsuit from the start: it affects settlement value, which defendants are worth pursuing, and whether more coverage exists than a party first assumed. Article 1423 puts that information within reach by making the existence and contents of a relevant insurance agreement discoverable.

The article reaches more than a defendant's own liability policy. It covers any agreement under which someone carrying on an insurance business might have to satisfy part or all of a judgment, or indemnify or reimburse a party for paying one -- language broad enough to pull in indemnity arrangements as well as ordinary coverage.

Article 1423 makes coverage discoverable; it doesn't hand it over automatically. A party still has to pursue it through one of Article 1421's discovery methods, typically an interrogatory or a request for production, rather than receiving it as an unprompted disclosure.