FISERV SOLUTIONS v. XL SPECIALTY INS. CO

We find that defendant seeks not to engage in improper post-claim underwriting ( see Banks v Paul Revere Life Ins. Co., 31 F Supp 2d 82, 85 n 5 [1998]) but to determine the scope of coverage under the insurance policy. Thus, the disclosure defendant requested is material and necessary in the defense of this action (CPLR 3101).