West Virginia Supreme Court
State of West Virginia ex rel. State Farm Mutual Automobile Insurance Company, Petitioner v. the Honorable Jeffrey…
March 8, 2016237 W. Va. 60
Summary
The West Virginia Supreme Court granted State Farm’s writ of prohibition, holding that the circuit court erred in ordering disclosure of non‑party insureds’ personal information and that such information must be redacted. The court applied its prohibition standards and found a clear legal error.
Holding
- Did the circuit court exceed its jurisdiction by ordering disclosure of non‑party insureds’ personal information?. Yes; the circuit court erred and the writ of prohibition is granted, prohibiting enforcement of the order.
- Is the disclosure of the names, addresses, and telephone numbers of non‑party insureds discoverable under West Virginia law?. No; such personal information is not discoverable and must be redacted from State Farm’s answers and supporting documents.
- Should the circuit‑court order compelling such disclosure be prohibited and the information redacted?. Yes; the order is prohibited and the information must be redacted.
Docket 15-1101
Cited authorities
- Rule 26(b)(1) of the West Virginia Rules of Civil Procedure
Cited by
- State of W.Va. ex rel. Erie Insurance Property & Casualty v. Hon. David W. Nibert
- Tessa Jordan v. Joseph Jenkins and Safeco Insurance Company v. Joseph Jenkins
- Tessa Jordan v. Joseph Jenkins and Safeco Insurance Company v. Joseph Jenkins
- State of West Virginia ex rel. Health Care Alliance, Inc. and Hcfs Health Care Financial Services v. Eric O'Briant…
- State of W.Va. ex rel. Erie Insurance Property & Casualty v. Hon. David W. Nibert
- Tessa Jordan v. Joseph Jenkins and Safeco Insurance Company v. Joseph Jenkins