Rolf Homes, Inc. v. Superior Court

Petition for writ of mandate to require respondent court to compel real parties in interest (hereinafter referred to as “defendants”) to answer questions as to whether or not defendants are insured against the liability alleged in the complaint.

Question Presented

Are civil engineers, sued for alleged malpractice and fraud, required to disclose whether or not they are insured against such liability ?

Record

Defendants are civil engineers transacting business as a partnership. Petitioners sued said defendants, alleging malpractice and fraud of defendants in connection with engineering work and advice supplied petitioners by defendants. Petitioners took the deposition of defendant Murphy. Said de fendant refused to answer the questions hereafter set forth. Thereafter petitioners moved the superior court for an order to compel defendant Murphy to answer said questions. The court denied the motion.

Disclosure of Malpractice Insurance

The first question to which an answer was refused was: “Are you insured against the liability alleged in this complaint?” Then followed questions as to the company and policy limits.

This is the first time the California courts have been called…