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McElgunn v. CUNA Mutual Group

May 21, 2009

SHARON MCELGUNN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TERI POWELL, PLAINTIFF,
v.
CUNA MUTUAL GROUP; DESIGNATIONS CUNA MUTUAL LIFE INSURANCE COMPANY; AND CUNA MUTUAL INSURANCE SOCIETY, DEFENDANTS.



The opinion of the court was delivered by: Karen E. Schreier Chief Judge

ORDER ON DEFENDANTS' OBJECTIONS TO DEPOSITION

CUNA Mutual generally objects to the introduction of any evidence with respect to the time filing clause or issues relating to time filing and evidence that plaintiff was "denied" benefits on the basis of relevancy under Federal Rules of Evidence 401, 402, and 403. While plaintiff's insurance claim was not ultimately denied for time filing, it was initially denied for time filing. That decision was ultimately overturned on appeal. The initial denial and the manner in which plaintiff's claim was handled is directly relevant to plaintiff's claim that CUNA Mutual acted in bad faith in delaying payment on her claim. The probative value of the evidence outweighs any unfair prejudice to CUNA Mutual. Therefore, the general objection to such evidence is overruled.

Also, in all instances, the objections of the attorney should be removed from the video deposition.

The court makes the following rulings on defendant's specific objections to designation of deposition testimony of:

TERI POWELL

Page(s) and line(s) Ruling Page 4, lines 15-20 Overruled. Relevant on plaintiff's bad faith claim for delay in payments of insurance benefits. Probative value outweighs any unfair prejudice to defendant.

Page 4, lines 21-24 Overruled. Defendants' objections were waived because they were not made during the deposition. See Rule 32(d)(3)(B) and Wright & Miller, Federal Practice & Procedure; Civil 2d § 2113.

Page 4, line 25 Overruled.

Page 5 Overruled.

Page 6 Overruled.

Page 7 Overruled. Foundation objection was waived because it was not made during the deposition.

Pages 8-9 Overruled.

Page 10, lines 1-3 Overruled.

Page 11, lines 4-25 Sustained.

Page 12, lines 1-15 Sustained.

Page 13, lines 23-25 Overruled.

Page 14, lines 1-7 Overruled.

Page 14, lines 14-25 Overruled.

Page 15, lines 1-12 Overruled.

Page 15, lines 19-21 Overruled.

Page 15, lines 24-25 Overruled. Objection waived because not made during deposition.

Page 16, lines 1-10 Overruled. Objection waived because not made during deposition.

Page 17, lines 5-16 Overruled. Objection waived because not made during deposition.

Page 19, lines 15-19 Overruled. Relevant pursuant to court's ruling at Docket 300. Page 20, lines 3-15 Overruled.

Page 21, lines 12-25 Overruled. Relevant pursuant to court's ruling at Docket 300. Page 22 Overruled.

Page 23, lines 6-16 Overruled.

Page 24 Overruled.

Page 25, lines 3-9 Overruled.

Page 25, lines 10-13 Overruled.

Admission of party opponent.

Page 25, lines 14-18 Overruled. Objection waived for failure to raise it during the deposition.

Page 25, lines 19-25 Overruled. Objection waived for failure to raise it during the deposition.

Page 26, lines 1-20 Overruled.

Page 26, lines 21-25 Overruled. Objection waived for failure to raise it during the deposition.

Page 27 Overruled.

Page 28 Overruled.

Page 29 ...


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