In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination.
The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify.
A subpoena must advise a non-party organization of its duty to make this designation. The persons designated must testify about information known or reasonably available to the organization…. Rule 30(b)(6)FRCP
When the named organization is State Farm, some think the party and the non-party are one in the same. One who shares that view is the Administrative Law Judge who reviewed the Company’s plan to withdraw from Florida and issued a related Order :
Transactions between State Farm Mutual and State Farm Florida for reinsurance and credit risk provisions totaling approximately $561.8 million, when viewed in the light of economic reality, Subsection 1.01(3), or Section 624.04, may be transactions which State Farm Mutual engages in with itself and which lack any independent economic significance. Transactions with no independent economic significance would be sham transactions which may distort the economic costs of the reinsurance and credit risk provisions purchased from State Farm Mutual. Such economic distortions may enable the group to derive a rate advantage from the legal form in which State Farm Mutual chooses to do business in Florida. (Finding of Fact 42)
The various legal forms in which State Farm Mutual exists could be called Corporate DID:
a psychiatric diagnosis that describes a condition in which a single person displays multiple distinct identities or personalities (known as alter egos or alters), each with its own pattern of perceiving and interacting with the environment. The diagnosis requires that at least two personalities routinely take control of the individual’s behavior with an associated memory loss that goes beyond normal forgetfulness…
Litigation following Hurricane Katrina became policyholders vs Eve and Sybil as State Farm State Farm Mutual, the Company whole, disassociated into State Farm Fire & Casualty. Continue reading “Monkey Business – State Farm Mutual, State Farm Fire, and Rule 30(b)(6)”