Supreme Court of Oklahoma, 1994

Darzenkiewicz v. Jackson

Supreme Court of Oklahoma · Decided July 19, 1994 · Ala, Hargrave, Hodges, Kauger, Lavender, Simms, Summers, Watt, Wilson

904 P.2d 66; 65 O.B.A.J. 2527; 1994 OK 151; 1994 Okla. LEXIS 105; 1994 WL 375910 (Pacific Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Chandler (U.S.A.), Inc. v. Tyree (Okla. 2004)
Sims v. Travelers Insurance Co. (Okla. Civ. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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