Darzenkiewicz v. Jackson

Darzenkiewicz v. Jackson
1994 OK 151
904 P.2d 66
65 OBJ 2527
Case Number: 83492
Decided: 07/19/1994
Modified: 10/09/1995
Supreme Court of Oklahoma

 
FRED F. DARZENKIEWICZ, PETITIONER,
v.
THE HONORABLE NILES JACKSON, RESPONDENT.

ORDER

KAUGER, Acting Chief Justice.

¶1 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.

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

OPALA, 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.