In dispute between bank and insurers, the defendants sought to compel Marsh, a third-party, to “identify, restore, extract, convert, process, and search deleted e-mails from some eight authors and recipients contained on some 350 to 400 backup tapes.” The court found it significant to note that “there exists a wealth of information from both Plaintiffs and Defendants. Marsh, as broker, was in the middle of the transaction, and there has been no showing that its correspondence and communications with either Plaintiffs or Defendants are not available in the parties’ files. There has been no showing that the Marsh officials involved in brokering the policies are unavailable and no showing that their internal e-mails would show anything contrary to what their communication with the parties shows.” See Bank of America v. SR International, No. 05-5564, 2006 WL 3093174 (N.C. Sup. Ct. Nov. 1, 2006).
Leave a Reply