In re USAA General Indemnity Co. (Opinion)Annotate this Case
The Supreme Court granted in part mandamus relief sought by an insurance carrier from the trial court's order compelling the deposition of the carrier's corporate representative, holding that, under the circumstances, the insured was entitled to depose the carrier's corporate representative on certain matters, but some of the noticed deposition topics exceeded the narrow permissible scope of such a deposition.
Frank Wearden, the insured, was involved in an accident and sued USAA General Indemnity, the insurance carrier, for breach of contract and a declaratory judgment seeking to recover benefits under his policy's uninsured/underinsured motorist provisions. Wearden served a notice of intent to take the oral deposition of a USAA corporate representative, listing certain areas the deposition would cover. USAA filed a motion to quash the deposition notice. The trial court denied the motion. The Supreme Court granted mandamus relief, holding (1) the discovery rules did not categorically prohibit the deposition of USAA's corporate representative; (2) the proper subject matter of the deposition is limited to the issues in dispute and may not intrude into matters that are privileged or are beyond the scope of those issues; and (3) with respect to Wearden's deposition topics exceeding that proper scope, the trial court abused its discretion in denying USAA's motion to quash.