Why It Matters
Oklahoma Attorney General Gentner Drummond is seeking heightened subpoena powers to access documents from State Farm in a legal battle over hail damage claims affecting more than 1,000 policyholders. The case has drawn attention after the insurer denied claims filed by prominent current and former state officials, including a retired Supreme Court chief justice.
What Happened
The Oklahoma Supreme Court convened Monday to hear arguments over whether Drummond should be permitted to intervene in Hursh v. State Farm, a bad faith insurance lawsuit involving roof damage claims. The attorney general wants authority to compel State Farm to produce internal documents related to claims handling.
State Farm is represented by former Oklahoma Solicitor General Mithun Mansinghani, who argued in court filings that Drummond has been too aggressive in inserting himself into private litigation. Mansinghani contended that the Hursh case does not implicate the collective interests of Oklahoma insurance consumers and that constitutional authority over insurance matters rests solely with the state Insurance Department.
Solicitor General Garry Gaskins, arguing on behalf of the Hurshes, countered that Insurance Commissioner Glen Mulready has invited the attorney general’s participation. Gaskins cited a January 29 letter from Mulready supporting Drummond’s involvement.
By the Numbers
The Hursh case represents approximately 1,000 similar lawsuits involving hail damage to roofs in Oklahoma. The Supreme Court heard 40 minutes of oral argument before all nine justices. This marks the second time in a month that aspects of the Hursh litigation have reached the state’s highest court.
A Notable Claimant
Retired Oklahoma Supreme Court Chief Justice Joseph M. Watt filed his own roof claim case against State Farm 10 weeks before Monday’s hearing. Watt served on the state’s highest court for 25 years, including two consecutive terms as chief justice, before retiring. He now works as senior counsel in the attorney general’s office.
According to Watt, he and his wife maintained State Farm coverage for 50 years and paid hundreds of thousands of dollars in premiums across multiple homes and vehicles. The couple submitted their claim in late 2024 after discovering a water leak from a recessed ceiling light.
Watt said he hopes elected officials recognize the scope of the problem and take future action to address it. The issue affects thousands of Oklahoma residents, he noted.
Legal Background
State Farm’s attorneys have argued the Hursh case should be considered in isolation despite hundreds of virtually identical claims filed across the state. The litigation began before Watt filed his own claim, meaning State Farm was already facing legal challenges over its claims handling when it denied coverage to the former chief justice.
Mansinghani, now with the Oklahoma City offices of national litigation firm Lehotsky Keller Cohn, argued that the attorney general cannot simply declare a public interest in private litigation to justify intervention. The constitutional framework, he contended, vests insurance regulatory authority with the Insurance Department, not the attorney general’s office.
What’s Next
The Supreme Court will issue a ruling on whether Drummond can intervene and exercise subpoena powers in the State Farm litigation. The decision could determine whether the attorney general gains access to internal company documents that may reveal patterns in claims handling. The outcome will likely affect how the hundreds of pending hail damage cases proceed through Oklahoma courts.