What is a motion to strike in an insurance litigation case?

A motion to strike in an insurance litigation case is a legal filing made by one party in a dispute to try and get the other party’s allegations or argument removed from consideration by the court. The moving party must prove that the allegations or arguments should be struck from consideration because they are false, irrelevant, or cannot be supported by the evidence. The purpose of a motion to strike is to keep the court from taking into consideration material, evidence, or arguments that will be prejudicial or disadvantageous to the moving party. A motion to strike is based on the belief that the court should not consider false, irrelevant or improperly supported claims or arguments. In California, a motion to strike may be filed if the party believes that the other party’s pleading, evidence, or supporting arguments are false or unsupported by the evidence, or are irrelevant to the case. The filing party must provide good reason to support their claim as to why the court should not consider the other parties evidence or argument. The opposing party will have a chance to respond to the motion to strike, and the court will make the decision as to whether to grant or deny the motion. In insurance litigation cases, a motion to strike is important in ensuring that only relevant material and evidence are taken into account by the court. It is a powerful legal tool used to remove false or unsupported claims from consideration.

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