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. Informa- tion 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.
Rule 4003.2.Scope of Discovery. Insurance.
Adopted November 20, 1978 · Last amended November 20, 1978 · Last verified June 30, 2026
In one sentenceA party may discover the existence and terms of any insurance agreement under which an insurer may be liable to satisfy part or all of a judgment in the case.
Full Text of Rule 4003.2
Plain-English Summary
This rule makes insurance coverage discoverable. A party may obtain discovery of the existence and terms of any insurance agreement under which an insurance carrier may be liable to satisfy all or part of a judgment in the action, or to indemnify or reimburse for payments made to satisfy one.
The Explanatory Note records that the rule was drawn from the federal rule. Letting each side learn what coverage stands behind a claim helps the parties evaluate the case realistically for settlement, even though the policy itself may not be admissible at trial.
Frequently Asked Questions
Can you find out the other side's insurance coverage?
Yes. The existence and terms of any applicable insurance agreement are discoverable.
Why is insurance discoverable?
Knowing the coverage behind a claim helps the parties evaluate the case for settlement.
Official Note
Explanatory Note Proposed Rule 4003.2 is taken almost verbatim from Fed. R.Civ.P. 26(b)(2). It codifies the deci- sion 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.
Amendment History
The provisions of this Rule 4003.2 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: insurance discoverydiscovery of coverage