Allstate Indemnity Co. v. Ruiz

District Court of Appeal of Florida

Allstate Indemnity Co. v. Ruiz

917 So. 2d 1008, 2006 Fla. App. LEXIS 1427, 2006 WL 12933

CourtDistrict Court of Appeal of Florida

DecidedJanuary 4, 2006

DocketNo. 4D00-2047

StatusPublished

This text of 917 So. 2d 1008 (Allstate Indemnity Co. v. Ruiz) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allstate Indemnity Co. v. Ruiz, 917 So. 2d 1008, 2006 Fla. App. LEXIS 1427, 2006 WL 12933 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Pursuant to the supreme court’s mandate in Allstate Indemnity Company v. Ruiz, 899 So.2d 1121 (Fla.2005), we remand this case to the trial court for further review. In Ruiz,- the supreme court receded from its 1989 decision of Kujawa v. Manhattan National Life Insurance Co., 541 So.2d 1168 (Fla.1989), which had created a distinction with regard to the discovery applicable to statutory first-party and third-party bad faith actions. Relying on Kujawa, and that distinction, this court quashed the portion of the trial court’s order that compelled the production of documents. Allstate Indemnity Co. v. Ruiz, 780 So.2d 239 (Fla. 4th DCA 2001). Having reviewed the supreme court’s decision, which quashed our Ruiz opinion, Allstate has advised this court of its intent to produce the subject documents.

In accordance with the supreme court’s opinion and mandate, as well as Allstate’s representation, we remand the case to the trial court for further proceedings.

STEVENSON, C.J., WARNER and TAYLOR, JJ., concur.

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PER CURIAM.

Pursuant to the supreme court’s mandate in Allstate Indemnity Company v. Ruiz, 899 So.2d 1121 (Fla.2005), we remand this case to the trial court for further review. In Ruiz,- the supreme court receded from its 1989 decision of Kujawa v. Manhattan National Life Insurance Co., 541 So.2d 1168 (Fla.1989), which had created a distinction with regard to the discovery applicable to statutory first-party and third-party bad faith actions. Relying on Kujawa, and that distinction, this court quashed the portion of the trial court’s order that compelled the production of documents. Allstate Indemnity Co. v. Ruiz, 780 So.2d 239 (Fla. 4th DCA 2001). Having reviewed the supreme court’s decision, which quashed our Ruiz opinion, Allstate has advised this court of its intent to produce the subject documents.

In accordance with the supreme court’s opinion and mandate, as well as Allstate’s representation, we remand the case to the trial court for further proceedings.

STEVENSON, C.J., WARNER and TAYLOR, JJ., concur.

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917 So. 2d 1008, 2006 Fla. App. LEXIS 1427, 2006 WL 12933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-indemnity-co-v-ruiz-fladistctapp-2006.

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