Thursday, March 10, 2011

Order Allowing Deposition Of Insurance Company CEO Quashed

In General Star Indem. Co. v. Atlantic Hospitality of Florida, LLC, 3D10-3109, 2011 WL 798909 (Fla. 3d DCA March 9, 2011), the Third District granted a petition for certiorari and quashed the trial court's order compelling the deposition of executives of the petitioner. The court stated:
Simply stated, Atlantic Hospitality obtained orders compelling two senior officers1 of General Star to appear for deposition in a windstorm insurance case. General Star filed an affidavit establishing that these senior officers had no role in the investigation or adjustment of Atlantic Hospitality's claims.... General Star has shown that its president is a manager, not an adjuster or other employee with personal knowledge of the factual disputes involved in the lawsuit.
The court noted:
The job of the president of the company is to manage the company, not to fly around the United States participating in depositions about policy-related claim disputes of which the president has no personal knowledge...If all claimants demand and obtain the same right, the chief executive officer manages his or her deposition schedule, not the company.
(emphasis mine).

The court concluded: "Discovery is intended to be part of the just, speedy, and inexpensive determination of disputes—not a device to get greater attention at an adversary's headquarters."


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