Alford v. Commissioner of Motor Vehicles

This case is now before us on motion to dismiss the appeal. The plaintiff-appellant is the victim of a ""hit and run"" automobile accident, and the suit is brought against the Commissioner of Motor Vehicles pursuant to § 167 of the Unsatisfied Claim and Judgment Fund Law (Code (1957), Art. 66 1/2, §§ 150-179, the ""Act""). As provided by § 155 of the Act the case was assigned by the Board established under the Act to an insurance company for investigation and defense. After pleas were filed on behalf of the Commissioner as defendant, the plaintiff served written interrogatories on the Commissioner. The Commissioner filed a motion to strike on the ground of privilege against the disclosure of defenses afforded him by § 170 of the Act. This motion was granted. The plaintiff then served a notice to take the deposition of one Riggs. The appellee filed a motion pursuant to Maryland Rule 406 that the deposition be not taken, asserting that Riggs was an employee of the insurance company assigned to investigate and defend the claim, who had supervised the investigation and defense, and that the taking of the proposed deposition was an effort to circumvent the privilege of non-disclosure afforded by § 170. This motion also was granted. The plaintiff appeals from both of these orders denying discovery, and the Commissioner moves to dismiss on two grounds: first, the privilege accorded by § 170; and second, that the orders appealed from are not final orders.