Can insurers check policyholder cell phone records as part of an investigation?
As part of the formal discovery process in litigated claims, requests for production of cell phone or mobile device records are currently allowed. I think it will become more the rule than the exception that such records are sought as a simple matter of course to determine whether any operators involved were talking or texting on a mobile device at the time of the loss. Although it doesn’t establish fault, this information certainly can be persuasive to a jury or an arbitrator regarding the likelihood of fault on the part of a driver. Which states are having the most success with their legislation? Fortunately, 19 states plus the District of Columbia already ban texting while driving, and several other states are considering laws, including Massachusetts. While any ban is a good start, some states have been more aggressive than others. California, for example, bans just about all cell phone activity while operating a moving vehicle, and also imposes a $200 fine. Connecticut drivers fac
