eDiscovery in Insurance Coverage Litigation

Nov 16, 2023 11:30:00 AM / by Ray Biederman

"Is it PROteus? ProTEEus? Pro-TAY-us? What is that? What does it mean?"

As a lawyer representing clients in insurance coverage litigation, I've seen firsthand the unique challenges and opportunities that eDiscovery presents. With the increasing volume and complexity of electronic data, it's more important than ever for insurers and law firms to have a robust eDiscovery strategy in place.


What Makes Discovery Unique in Insurance Litigation?

There are a few key factors that make eDiscovery unique in insurance coverage litigation:

  • Volume and complexity: companies facing litigation often generate massive amounts of electronic data, including emails, documents, spreadsheets, and presentations. This data can be stored on a variety of devices and systems, making it difficult to collect, process, and review.
  • Relevance: Insurance coverage cases often turn on complex legal issues, and the relevant evidence can be scattered throughout a wide range of electronic data. This can make it difficult to identify and produce all of the relevant evidence in a timely and efficient manner.
  • Cost: eDiscovery can be expensive, especially in complex cases. Insurers and law firms need to carefully manage the cost of eDiscovery to avoid breaking the bank.


How the Industry Has Responded to Those Factors

The insurance industry has responded to the unique challenges of eDiscovery in a number of ways. Many insurers have invested in specialized eDiscovery software and services. They have also developed internal eDiscovery teams with the expertise to manage complex cases.

Law firms have also adapted to the challenges of eDiscovery. Many law firms now have dedicated eDiscovery teams with the skills and experience to handle complex cases. Law firms have also invested in eDiscovery software and services to help them reduce costs and improve efficiency.

Emerging Technology

Insurers and law firms are increasingly using emerging technology to manage the costs and challenges of litigation. Some of the most common emerging technologies include:

  • Artificial intelligence (AI): AI can be used for automation. This could potentially help insurers and law firms reduce costs and improve efficiency.
  • Machine learning (ML): ML can be used to identify relevant data and patterns in electronic data. This might help insurers and law firms quickly and accurately identify the most important evidence in a case.
  • Cloud computing: Cloud computing can provide insurers and law firms with access to scalable and affordable storage and computing resources for eDiscovery. This isn’t exactly an emerging technology – but it can be especially helpful for insurers and law firms that are handling complex cases with large volumes of data.


eDiscovery is an important and complex topic in insurance coverage litigation. Insurers and law firms need to have a robust eDiscovery strategy in place to manage the costs and challenges of eDiscovery. Emerging technologies such as AI, ML, and cloud computing are growing with the idea that it might help insurers and law firms improve the efficiency and effectiveness of their eDiscovery process.


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ediscovery blog

Tags: eDiscovery, ESI, insurance litigation

Ray Biederman

Written by Ray Biederman

Ray is the CEO and Co-Founder of Proteus. He is an active litigator and acts as eDiscovery counsel for clients at Mattingly Burke Cohen & Biederman, LLP.