Fellows

Five petitioners are before us seeking a writ of prohibition to review a trial court’s order granting a motion to compel further answers to interrogatories. On April 3, 1977, petitioners sustained personal injuries in a motor vehicle accident with an uninsured motorist. The motor vehicle in which plaintiffs were occupants was provided insurance through a policy issued by Allstate Insurance Company. Petitioners sought from Allstate payment of medical expenses and uninsured motorist benefits. Petitioners’ claims became the subject of arbitration. The arbitrator’s decision was rendered on February 8, 1978.

In October 1978, petitioners, as plaintiffs, filed against Allstate Insurance Company and several individuals as defendants, a complaint seeking damages for breach of insurance contract, a bad faith refusal to pay benefits, fraud and deceit, arising out of the failure of defendants to settle the uninsured motorist claims. These defendants are the real parties in interest before us.

During the period of the pendency of petitioners’ uninsured motorist claims against real parties in interest, from April 3, 1977, through the filing of the arbitrator’s decision on February 8,…