Aetna Casualty & Surety Co. v. Superior Court

This proceeding in mandamus arises out of a discovery matter in an action against an insurance company, the Aetna Casualty and Surety Company (Aetna). The underlying action is one for declaratory relief in which a counter claim for bad faith denial of insurance coverage has been filed.

Because the issues raised in Aetna’s petition for writ of prohibition or mandamus involve a highly protected privilege, we granted Aetna’s petition and issued the alternative writ. (Sav-On Drugs, Inc. v. Superior Court (1975) 15 Cal.3d 1, 5 [ 123 Cal.Rptr. 283 , 538 P.2d 739 ]; Glacier Gen. Assurance Co. v. Superior Court (1979) 95 Cal.App.3d 836, 838 [ 157 Cal.Rptr. 435 ].)

Facts

Jan Pietrzak (Pietrzak), one of the real parties in interest herein, owned a home in Marin County which was insured under a fire and casualty insurance policy issued by Aetna. On January 4, 1982, a severe rainstorm touched off a mud slide which completely destroyed Pietrzak’s home. Pietrzak subsequently filed a claim for compensation for the loss. Aetna retained the law firm of Thornton, Taylor & Downs (Thornton) to assist in the investigation of this claim. In May of 1982 Aetna filed a declaratory relief…