Mt. Hawley Insurance Co. v. Russo
Mt. Hawley sought certiorari review of a trial court order permitting discovery to proceed and granting a motion to compel, where no coverage action was pending in the trial court and a coverage action was pending in federal district court. The Second District granted the petition in part and quashed the order to the extent it authorized discovery on coverage matters, denying the petition in all other respects.
Key facts
- Mt. Hawley Insurance Co. sought certiorari review of a trial court order that permitted discovery to proceed and granted a motion to compel discovery on insurance coverage matters.
- No coverage action was pending before the trial court that issued the discovery order, but a coverage action was simultaneously pending in federal district court.
- +1 more key fact with a free trial
Why it matters
The decision gives insurers a concrete certiorari path to block coverage discovery in an underlying liability case when the coverage dispute is being litigated elsewhere, including in federal court. Litigators can cite… — full analysis with a trial
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