Ex Parte Gilbert Lee Littrell. (in Re Gilbert Lee Littrell v. Doris Thrasher

Summary

The court granted mandamus relief, holding that an underinsured-motorist carrier that elected to opt out of trial could not nevertheless participate through its counsel as additional counsel for the defendant whose liability insurer had already provided counsel. The court also held that any objection to the carrier's and counsel's participation in discovery had been waived because it was not timely raised. Justice Murdock, dissenting, would have allowed the carrier to provide counsel because the carrier's interest in protecting itself was present in both uninsured- and underinsured-motorist cases.