Darzenkiewicz v. Jackson

Supreme Court of Oklahoma
Darzenkiewicz v. Jackson, 904 P.2d 66 (Okla. 1994)
65 O.B.A.J. 2527; 1994 OK 151; 1994 Okla. LEXIS 105; 1994 WL 375910
Ala, Hargrave, Hodges, Kauger, Lavender, Simms, Summers, Watt, Wilson

Darzenkiewicz v. Jackson

Opinion of the Court

ORDER

KAUGER, Acting Chief Justice.

Original Jurisdiction is assumed. Let mandamus issue requiring the Respondent District Judge, or any other assigned Judge for the District Court in Oklahoma County to permit discovery of the defendant insurer’s claim file and claims manual in that cause now pending before said court styled Fred F. Darzenkiewicz plaintiff v. Robert Douglas Phillips an individual, and Mid-Continent Casualty Company defendants, Cause No. CJ-92-5798-01.

SIMMS, ALMA WILSON and WATT, JJ., concur.

Concurring Opinion

OP ALA, Justice,

concurring:

I concur in today’s order because the insured is entitled to discover the facts known or knowable to the insurer at the time the insured’s claim was met with denial of UM liability. Buzzard v. McDanel, Okl., 736 P.2d 157, 159, 161 (1987).

HODGES, C.J., LAVENDER, V.C.J., and SUMMERS, J., concur in part, dissent in part. HARGRAVE, J., disqualified.

Reference

Full Case Name
Fred F. DARZENKIEWICZ v. The Honorable Niles JACKSON
Cited By
3 cases
Status
Published