Court Says Insurance Discovery Too Broad, But Permits Depo of 'Knowledgeable Witness'

AUSTIN, Texas - A trial court abused its discretion when it ordered an asbestos defendant to produce copies of all general liability insurance policies issued to the company over the past 75 years, the Texas Supreme Court ruled recently. In Re Dana Corporation, No. 02-1001 (Texas Sup. Ct.).

Granting a petition for writ of mandamus filed by Dana Corporation, the state's highest court said June 11 that the insurance policies ruled discoverable by the trial court need not be produced until it has been shown that they are applicable to a potential judgment. The court, however, upheld the trial court's …