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CFHO Successfully Obtains Mandamus Relief from the Eight Court of Appeals

On November 30, 2016, the Eighth Court of Appeals in El Paso, Texas issued an opinion conditionally granting the mandamus relief sought by Wm. David Famer and Chad W. Schreiber on behalf of an insurance carrier client in a case arising from a declination of coverage for a liability claim. The matter before the court concerned a discovery dispute wherein plaintiffs submitted discovery requests seeking prior lawsuits against the carrier filed by unrelated third parties and claim file materials and attorney-client communications concerning a first-party property damage claim unrelated to the liability claim made the basis of the plaintiffs’ claims. The Eighth Court of Appeals determined that the trial court’s prior order to compel production constituted an abuse of discretion and asked that the order be set aside.

Eighth Court of Appeals’ Opinion