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In re Allstate Fire & Casualty Insurance Co.

Court: Tx 14-Houston  01/07/2021  Divided Court Narrows Scope of Corporate Representative Deposition in UIM Case

The court found that the trial court had abused its discretion when it ordered an auto insurer to produce a representative to testify on its handling of a UIM claim when the only issues raised in the lawsuit were the tortfeasor's liability and the extent of the plaintiff's injuries, but the trial court did not abuse its discretion in ordering the insurer to produce a representative on the accident's circumstances and the plaintiff's alleged injuries even if the representative could not have personal first-hand knowledge of that information because nothing precluded the representative from testifying during the deposition that he did not have first-hand knowledge and further, by not raising that issue in the trial court, the insurer had waived its argument that discovery on these topics would be unduly burdensome as the plaintiff had superior access to his own medical records .

auto insurance, UM, UIM, underinsured, uninsured, discovery, deposition, scope, corporate representative, laches, abuse of discretion

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