Ex parte Nationwide Mut. Ins. Co.

Summary

The Supreme Court of Alabama considered Nationwide Mutual Insurance Company's petition for a writ of mandamus challenging discovery orders in litigation involving its duty to defend and indemnify Alan Mortgage Corporation. The court denied relief concerning documents about Nationwide's relationship with its counsel but granted relief concerning post-coverage-denial communications and work product protected by attorney-client privilege and the work-product doctrine. The petition was therefore granted in part and denied in part, and the writ was issued in part.

Holdings

1. The petition was timely because the presumptively reasonable filing period began when the trial court entered its order denying Nationwide's motion for a protective order, and Nationwide filed within 42 days of that order.
2. Nationwide did not establish a clear legal right to a protective order or an exceptional circumstance justifying mandamus relief from the order compelling production of documents concerning its relationship with counsel.
3. Nationwide had a clear legal right to a protective order for privileged communications and work-product documents created on or after July 2, 2004, the date Nationwide denied coverage.

Questions Presented

1. Whether Nationwide's mandamus petition was timely when filed within 42 days after the trial court denied its motion for a protective order.
2. Whether Nationwide established an exceptional circumstance warranting mandamus review of discovery request 3, seeking documents concerning Nationwide's relationship with its counsel.
3. Whether communications and documents created after Nationwide denied coverage were protected by the attorney-client privilege and work-product doctrine and therefore subject to a protective order.

Disposition

other