FLORIDA RULES OF CIVIL PROCEDURE

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Claim Notes are Protected While Coverage Litigation is Pending

The Third District Court of Appeal granted State Farm’s writ of certiorari finding that the trial court departed from essential requirements of law when ordering it to produce items of its adjusters’ claim files in a first party non-bad faith matter. The appellate court ruled that precedent protects an insurer’s claim file rendering it subject to protection in cases for benefits,  and it found an irreparable departure from the essential requirements of the law resulting in manifest injustice as well.

The Writ was granted, and the underlying orders were quashed.

The opinion may be found at: http://www.3dca.flcourts.org/opinions/3D15-1871.pdf

Editor’s Notes:  This opinion failed to possess much procedural posture, but this appeared to have been a second tier appellate review as the cases originated in the County Court initially.

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