In Re Dana Corp. In Re Dana Corp.

In Re Dana Corp‪.‬

    • 4,00 kr
    • 4,00 kr

Publisher Description

The relator, Dana Corporation, filed a petition for writ of mandamus to challenge the trial court's discovery ruling in the underlying asbestos litigation. The real parties in this proceeding, who consist of approximately 1,260 plaintiffs in the underlying case, sought production of Dana's insurance policies since 1930 and also sought to learn the amount of insurance remaining under those policies. The trial court ordered Dana, the defendant in the underlying proceeding, to produce "exact duplicates of any and all commercial general liability insurance policies... from 1930 to the present." The trial court also ordered Dana "to produce a knowledgeable witness for deposition to testify regarding such insurance policies." Dana argues that the trial court abused its discretion in two ways: first, by ordering the production of insurance policies that were not shown to be applicable to the underlying litigation; and second, by compelling Dana to produce insurance information beyond the applicable insurance agreements' existence and contents. Because we agree that the trial court's order was overly broad and required the production of insurance policies not shown to be applicable to the underlying litigation, we conditionally grant a writ of mandamus to direct the trial court to modify its order to require production only of those policies "under which [Dana] may be liable to satisfy part or all of a judgment." TEX. R. CIV. P. 192.3(f).

GENRE
Professional & Technical
RELEASED
2004
11 June
LANGUAGE
EN
English
LENGTH
10
Pages
PUBLISHER
LawApp Publishers
SIZE
54.5
KB

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