STATE FARM HAIL-CLAIM LITIGATION
Oklahoma · Filed 2026-10-05 · 38 pages · Download the PDF
IN THE DISTRICT COURT OF OKLAHOMA STATE OF OKLAHOMA RICK WARREN, Case No. CJ-2025-2626 DEFENDANT STATE FARM FIRE AND CASUALTY COMPANY’S BRIEF IN SUPPORT OF APPLICATION OF ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT PROTECTIONS TO HUR00158701-19 4915-3677-1030, v. 5 COURT CLERK Case Number CJ-2025-2626 ll Defendants. COUNTY, OKLAHOMA October 5, 2026 4:43 PM Plaintiffs, STATE FARM FIRE & CASUALTY COMPANY; MARK D. WELTY; and MARK D. WELTY INS. AGENCY, INC., FILED DISTRICT COURT OKLAHOMA BILLY and LACY HURSH, V. COUNTY
deposition ×15 · bad faith ×3 · denial ×1
PAGE 5 · deposition
… y, on September 17, 2026, Plaintiffs’ counsel in West—the same counsel who represent Plaintiffs in this case—marked WEST00158701-09 as Exhibit 133 during their deposition of Wensley Herbert in West. During the deposition, State Farm’s counsel promptly notified Plaintiffs’ counsel that Exhibit 133 might contain inadvertently disclosed privileged communications and information, and that State Farm was investigating fur …
PAGE 12 · denial, bad faith
… fraud under the crime-fraud exception and State Farm has not found any Oklahoma cases addressing this issue. Several courts have held, however, that bad faith denial of an insurance claim does not qualify as a “fraud” for purposes of the crime-fraud exception. See, e.g., State ex rel. U.S. Fid. & Guar. Co. v. Montana Second Jud. Dist. Ct., 783 P.2d 911 (Mont. 1989); Kujawa v. Manhattan Nat’l Life Ins. Co., 541 So. 2 …
PAGE 17 · deposition
… otify opposing counsel. In re EpiPen MDL, 2021 WL 2875514 (D. Kan. 2021) (clawback was timely where notice was sent two days after privilege issue arose during deposition in related case); Laethem Equipment Co. v. Deere & Co., 261 F.R.D. 127 (E.D. Mich. 2009) (party diligently rectified inadvertent disclosure notwithstanding three-week delay attributable to awaiting a court order); Southampton, Ltd. v. Salalati, No. …
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