Deposition of Claims Rep Allowed In Lackawanna County Post-Koken Case

In the case of Novoczynski v. Swingle et al., No. 2016-CV-6538 (C.P. Lacka. Co. Nov. 20, 2017 Gibbons, J.), the court granted a Plaintiff's Motion to Compel a claims representative's deposition and denied a carrier Defendant's Motion for a Protective Order in a Post-Koken auto accident case.

While the court allowed the deposition, the court also ordered that the Plaintiff was not permitted to inquire into the claims representative's mental impressions, conclusions or opinions respecting the value or merit of the claims or defenses, or with regards to strategy or tactics.  In this regard, the court cited to Pa.R.C.P. 4003.3.

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