State ex rel. American Standard Insurance Co. of Wisconsin v. Clark

243 S.W.3d 526, 2008 Mo. App. LEXIS 93, 2008 WL 169726
CourtMissouri Court of Appeals
DecidedJanuary 22, 2008
DocketNo. WD 68255
StatusPublished
Cited by2 cases

This text of 243 S.W.3d 526 (State ex rel. American Standard Insurance Co. of Wisconsin v. Clark) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. American Standard Insurance Co. of Wisconsin v. Clark, 243 S.W.3d 526, 2008 Mo. App. LEXIS 93, 2008 WL 169726 (Mo. Ct. App. 2008).

Opinion

PAUL M. SPINDEN, Presiding Judge.

American Standard asks us to issue a writ prohibiting The Honorable Thomas C. Clark, circuit judge for the Sixteenth Judicial Circuit, from enforcing an order in a pending civil lawsuit, Marianna Omazic v. Mark E. Ferrin and American Standard Insurance Company of Wisconsin, Case No. 04CV212778. In that case, the circuit court ordered American Standard to disclose documents regarding all claims filed by its insureds since 2000. We issued a preliminary writ of prohibition on May 11, 2007. We make the writ absolute.

During June 2005, Marianna Omazic filed her fourth amended petition against American Standard in which she asserted that it breached its insurance contract with her by vexatiously refusing to pay her claim. Her claim arose out of a February 2004 automobile collision in which the driver of the other car was not insured, so Omazic sought recovery under her insurance policy’s coverage for damage caused by an uninsured motorist.

In seeking discovery from American Standard, Omazic sent the firm a subpoena duces tecum seeking production of documents regarding all claims filed with American Standard since 2000. American Standard filed almost 1200 objections to the request. On February 22, 2007, the circuit court granted Omazic’s motion to compel production of the requested information. When American Standard filed a motion for reconsideration, the circuit court convened hearings on March 30, 2007, and on April 4, 2007. At the conclusion of the hearings, the circuit court indicated that it was willing to limit Om-azic’s discovery request to claims made during 2000 to 2004 and to the Kansas City metropolitan area and would appoint a discovery master to assist the parties with discovery disputes. The circuit court determined that American Standard should bear the cost for the master. American Standard responded that Omazic should share in the cost. Apparently convinced that American Standard had been uncooperative in discovery, especially in light of its seeming zeal in raising objections, the circuit court rescinded its decision to limit Omazic’s discovery request and declared that it would enforce Omazic’s original request. On April 4, 2007, the circuit court entered an order denying American Standard’s motion for reconsideration.

Although it claims to raise two points on appeal, American Standard actually raises only one: that we should issue a writ prohibiting the circuit court from enforcing its order because Omazic’s discovery requests were overly broad and burdensome. American Standard asserts that the circuit court abused its discretion by not putting temporal, geographic, or subject matter limits on the requests. As further relief, American Standard asks us to order the circuit court (1) to conduct an in camera review to determine which privileged materials should be produced, (2) enter a protective order covering confidential and privileged information, and (3) to address each of its individual discovery objections. In the alternative, American Standard asserts that this court should order the circuit court to appoint a special master to assist it in resolving the parties’ discovery disputes.

As a preliminary matter, we address Omazic’s argument, raised in defense of the circuit court, that American Standard did not preserve its claim for appellate review. Omazic concedes that American Standard filed nearly 1200 objections to Omazic’s discovery requests, but she claims that they were not specific [529]*529enough to preserve its objections under Rule 58.01(c)(8). The rule says, “If information is withheld because of an objection, then each reason for the objection shall be stated.” For example, Omazic points out that in addressing Request No. 29, American Standard said:

Defendant objects ... because it is overly broad and burdensome and that it is unlimited in scope and subject matter. Defendant also objects to Request No. 29 because it seeks proprietary, confidential and privileged information which is not reasonably calculated to lead to discovery of admissible evidence in this case. Therefore, plaintiffs request is harassing and intrusive.

American Standard raised similarly worded objections to the remainder of Omazic’s requests.

American Standard, however, is seeking a writ of prohibition and is not directly appealing a judgment entered against it. A writ of prohibition is a discretionary remedy, and we “may accept limitations on the issues or examine new points not offered ab initio.” State ex rel. Carver v. Whipple, 608 S.W.2d 410, 412 (Mo. banc 1980). We are not restricted only to issues that the appellant properly raised or preserved in circuit court. Moreover, even if American Standard were obligated to lodge a specific objection to preserve this issue, its objection was specific enough in this context. The general purpose of an objection is to notify the circuit court and opposing party of the party’s allegation of error. Khan v. Gutsgell, 55 S.W.3d 440, 442 (Mo.App.2001). As evidenced by the record of the hearings on March 30 and April 4, the circuit court and Omazic understood that American Standard’s objection was based on the lack of temporal, geographic, or subject matter parameters.

The discovery process’ purpose is to give parties access to relevant, non-privileged information while reducing expense and burden as much as is feasible. State ex rel. Ford Motor Company v. Messina, 71 S.W.3d 602, 606 (Mo. banc 2002). The circuit court must ascertain that the process does not favor one party over another by giving it a tactical advantage: ‘“The discovery process was not designed to be a scorched earth battlefield upon which the rights of the litigants and the efficiency of the justice system should be sacrificed to mindless overzealous representation of plaintiffs and defendants.’ ” Id. (citation omitted). A circuit court has broad discretion in controlling and managing discovery, and we should interfere with its exercise of discretion only when we deem it to have abused its discretion to the point that a decision works an intolerable injustice. Id. at 607. A writ of prohibition is the proper remedy when the circuit court abuses its discretion, and the party seeking the writ shoulders the burden of proving that the circuit court has abused its discretion. Id.

Omazic sent American Standard a notice of deposition and subpoena duces tecum requiring production of documents in 78 categories, many of which had numerous subcategories. For example, Om-azic requested documents regarding all claims filed with American Standard since 2000:

11. Copies of the following documents relating to automobile bodily injury claims from 2000 to present: a. All claim representative field manuals, b. All branch claim office procedure manuals, c. All claims investigation manuals, d. All interim procedures manuals, e. All quality assurance manuals, f. All policy assurance manuals, g. All regional underwriting. h. All personal line manuals, i. All policy service document records, j. If not [530]*530provided above, all documents, policy, and procedure manuals, or claims manuals concerning claims investigations procedure setting reserves, adjustments to reserves, and claim resolution for automobile bodily injury claims from 2000 to present.

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Bluebook (online)
243 S.W.3d 526, 2008 Mo. App. LEXIS 93, 2008 WL 169726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-american-standard-insurance-co-of-wisconsin-v-clark-moctapp-2008.