Perry Law P.C. attorneys Meloney Perry and Stacy Thompson convinced the Fifth District Court of Appeals in Dallas to reverse part of a trial court’s February ruling allowing for discovery in a GEICO insurance lawsuit over an auto accident.
In 2017, Adam James Ray rear-ended Walter Payne on the LBJ Freeway in Dallas causing injuries. Payne sued Ray, but Ray never responded to the lawsuit, leaving GEICO, as his liability insurance company, with a judgment. Payne requested information regarding Ray’s liability coverage and his own uninsured and underinsured motorist coverage (UM/UIM) as GEICO is the insurance carrier for both drivers. Payne claimed his coverage was not an issue in the lawsuit, but the request for information was relevant to the case.
Ms. Perry and Ms. Thompson filed a writ of mandamus, claiming the lower court abused its discretion by denying the motion to quash the discovery of Ray and Payne’s coverages.
The appeals court agreed the information regarding Payne’s UM/UIM coverage was not relevant to the lawsuit and ruled in favor of GEICO by granting part of the writ of mandamus for Payne’s coverage.
The case is IN RE GEICO COUNTY MUTUAL INSURANCE COMPANY, Relator, No. 05-20-00259-CV in the Court of Appeals Fifth District of Texas Dallas.