A question frequently asked is whether a nonparty to an action can be compelled to provide documentation in a lawsuit, when the subpoenaed party claims that the document and its contents are privileged. The issue was recently litigated in a matter before the United States District Court for the Eastern District of Missouri. In that case, the plaintiff’s insured owned a store. The alarm company installed a system at the store. The defendant, a commission dispatching emergency services in the county, monitored a security panel that was located at the defendant’s store.
Individuals broke into the store and set a fire to avoid detection, but the defendant never reported an alarm to the insured because, while the defendant was aware that the alarm monitoring panel was broken, it had taken no steps to repair it. The insured sued the alarm company and eventually settled the suit. Then the insured’s general liability insurer filed a new action as the insured’s assignee asserting claims against the defendant for negligence and reckless misconduct resulting in the fire that damaged the store.