In a motor vehicle personal injury action, the plaintiff sought an order compelling the tortfeasor’s insurer, added as a statutory third party after denying coverage, to answer written interrogatories and deliver an affidavit of documents explaining the basis for its denial of coverage.
The information was sought to determine whether the insurer’s liability was reduced to the statutory minimum by operation of law, which would affect the plaintiff’s entitlement to underinsured coverage under the OPCF 44R endorsement from his own insurer.
The court held that the facts underlying the denial of coverage were relevant to the plaintiff’s claim for underinsured motorist coverage and fell within the rationale of Rule 31.06(4) concerning disclosure of insurance and conditions affecting its availability.
The statutory third party insurer could not refuse discovery wholesale on the basis of privity or potential prejudice, though it could raise privilege or prejudice objections on a question‑by‑question basis.
The court ordered the insurer to answer the interrogatories and produce a sworn affidavit of documents.
