Tuesday, December 18, 2012

Discovery Deposition of Claims Rep Precluded in Post-Koken Case

Judge Shad Connelly of the Erie County Court of Common Pleas recently issued an Order granting State Farm's Motion for a Protective Order for Corporate Designee Deposition and quashing a Notice of Deposition sent to a UIM carrier's claims representative in the Post-Koken case of Engel v. State Farm Mut. Auto. Ins. Co., No. 13083 - Civil - 2011 (C.P. Erie Co. Dec. 11, 2012 Connelly, J.).

In his detailed Order, the Judge emphasized that many of the questions posed in the Notice of Corporate Designee Deposition were previously answered in written discovery responses submitted to State Farm and that the Plaintiff did not object to any such responses. 

Judge Connelly noted that the remainder of the questions noted in the Deposition Notice were either irrelevant or impermissibly inquired into the corporate designee's (i.e. claims representative's) mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics in violation of Pa.R.C.P. 4003.3.

Anyone desiring a copy of this decision may contact me at dancummins@comcast.net.

I send thanks to Attorney Mark A. Martini of the Pittsburgh law firm of Robb Leonard Mulvihill for bringing this decision to my attention.

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