State Farm Mutual Automobile Insurance Co. v. Jones
This text of 544 So. 2d 1172 (State Farm Mutual Automobile Insurance Co. v. Jones) 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.
Opinion
State Farm, etc. seeks certiorari review of a discovery order requiring it to produce its entire claim file to its insured who has filed a first party bad faith action against the insurer. We grant the writ and quash the order.
Since the entry of the order below, the Florida Supreme Court has held, in Kujawa v. Manhattan National Life Insurance Co., 541 So.2d 1168 (Fla.1989) that in a first party bad faith action brought by an insured against his insurer pursuant to section 624.155(l)(b)l, Florida Statutes (1987), the relationship between the parties is adversarial rather than fiduciary, and the insurer is not required to produce those portions of the claim file which are subject to the work product doctrine and attorney-client privilege.
In view of the holding in Kujawa, the trial court departed from the essential requirements of law, and we therefore quash the order under review.
Certiorari GRANTED; Order QUASHED.
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Cite This Page — Counsel Stack
544 So. 2d 1172, 14 Fla. L. Weekly 1457, 1989 Fla. App. LEXIS 3400, 1989 WL 63400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-co-v-jones-fladistctapp-1989.