NAII Says Mont. Bill Would Undermine Judges’ Authority in Issuing Protective Orders
A Montana House bill that would restrain judges from issuing protective orders on private information evokes privacy concerns,
compromises parties’ abilities to reach freely negotiated settlements, and increases the burden on taxpayers and litigants, according to the National Association of Independent Insurers (NAII).
“Discovery materials frequently contain sensitive private information, such as medical or financial records,” Donald Cleasby, assistant vice president and assistant general counsel for the NAII said. “H.B. 327 assumes that judges have no expertise or common sense in issuing protective orders to those cases that truly deserve protection. By restraining judges’ discretion to keep secret what they view as non-vital privately disclosed information, this bill undermines decades of accepted judicial practice and privacy law.”
Most protective orders arise from negotiated agreements by opposing parties and approved by judges exercising sound discretion, according to Cleasby. By limiting this ability, H.B. 327 will deter pre-trial settlements, which will ultimately result in more lawsuits and protracted litigation.
“Protective orders reduce or eliminate costly discovery disputes, expedite the individual case and frequently promote settlement prior to trial, easing the burden on the civil judicial system,” Cleasby said. “Litigants and taxpayers will pay the price in greater court costs and expenses of administering and adjudicating more lengthy and extended civil suits if pre-trial settlements are discouraged.”
NAII will present testimony opposing H.B. 327 at a hearing this Friday before the House Judiciary Committee.
- Warren, Hawley Press Insurers Over Closed, Unpaid Claims
- Anxiety Over Gas Prices Points to ‘Looming EV Comeback’ in US
- Slips, Trips And Falls: Why It’s Important to Get Ahead of An Incident
- First Atlantic Hurricane of 2026 to Threaten US Gulf Coast
- Are We Training Claims Adjusters or Claims Processors?
- The Great Hemp Reset: How the Federal Ban on Intoxicating Hemp Products Will Reshape Risk and Coverage
- Londoners Find ‘Horrendous’ Cracks in Their Homes After Successive Heat Waves
- Credit Acceptance Reaches $710M Predatory Auto Lending Settlement With Most States