West American Insurance Co. v. Neva Products, Inc.

District Court of Appeal of Florida

West American Insurance Co. v. Neva Products, Inc.

490 So. 2d 117, 11 Fla. L. Weekly 1046, 1986 Fla. App. LEXIS 7606

CourtDistrict Court of Appeal of Florida

DecidedMay 2, 1986

DocketNo. 86-446

StatusPublished

Cited by1 cases

This text of 490 So. 2d 117 (West American Insurance Co. v. Neva Products, Inc.) 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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West American Insurance Co. v. Neva Products, Inc., 490 So. 2d 117, 11 Fla. L. Weekly 1046, 1986 Fla. App. LEXIS 7606 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

We grant the petition for writ of certio-rari and quash the order compelling petitioner to produce those portions of its claim file and related records that are dated prior to the filing of this suit. Our decision is controlled by Florida Cypress Gardens, Inc. v. Murphy, 471 So.2d 203 (Fla. 2d DCA 1985), in which this court held that the contents of an insurer’s accident investigation file constituted work product even though it was prepared prior to the filing of the lawsuit. Accord Seaboard Air Line Railroad v. Timmons, 61 So.2d 426 (Fla. 1952); Walt Disney World Co. v. Cotto, 462 So.2d 486 (Fla. 5th DCA 1984); Winn-Dixie Stores, Inc. v. Gonyea, 455 So.2d 1342 (Fla. 2d DCA 1984); New Life Acres, Inc. v. Strickland, 436 So.2d 391 (Fla. 5th DCA 1983); Winn-Dixie Stores, Inc. v. Nakutis, 435 So.2d 307 (Fla. 5th DCA 1983), petition for review denied, 446 So.2d 100 (Fla.1984); Sligar v. Tucker, 267 So.2d 54 (Fla. 4th DCA), cert. denied, 271 So.2d 146 (Fla.1972); City of Sarasota v. Colbert, 97 So.2d 872 (Fla. 2d DCA 1957); but see Cotton States Mutual Insurance Co. v. Turtle Reef Associates, Inc., 444 So.2d 595 (Fla. 4th DCA 1984).

Since certain portions of the disputed order did not involve work product, we direct the trial court to enter an amended order consistent with this decision.

GRIMES, A.C.J., and LEHAN and FRANK, JJ., concur.

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Opinion

PER CURIAM.

We grant the petition for writ of certio-rari and quash the order compelling petitioner to produce those portions of its claim file and related records that are dated prior to the filing of this suit. Our decision is controlled by Florida Cypress Gardens, Inc. v. Murphy, 471 So.2d 203 (Fla. 2d DCA 1985), in which this court held that the contents of an insurer’s accident investigation file constituted work product even though it was prepared prior to the filing of the lawsuit. Accord Seaboard Air Line Railroad v. Timmons, 61 So.2d 426 (Fla. 1952); Walt Disney World Co. v. Cotto, 462 So.2d 486 (Fla. 5th DCA 1984); Winn-Dixie Stores, Inc. v. Gonyea, 455 So.2d 1342 (Fla. 2d DCA 1984); New Life Acres, Inc. v. Strickland, 436 So.2d 391 (Fla. 5th DCA 1983); Winn-Dixie Stores, Inc. v. Nakutis, 435 So.2d 307 (Fla. 5th DCA 1983), petition for review denied, 446 So.2d 100 (Fla.1984); Sligar v. Tucker, 267 So.2d 54 (Fla. 4th DCA), cert. denied, 271 So.2d 146 (Fla.1972); City of Sarasota v. Colbert, 97 So.2d 872 (Fla. 2d DCA 1957); but see Cotton States Mutual Insurance Co. v. Turtle Reef Associates, Inc., 444 So.2d 595 (Fla. 4th DCA 1984).

Since certain portions of the disputed order did not involve work product, we direct the trial court to enter an amended order consistent with this decision.

GRIMES, A.C.J., and LEHAN and FRANK, JJ., concur.

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490 So. 2d 117, 11 Fla. L. Weekly 1046, 1986 Fla. App. LEXIS 7606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-american-insurance-co-v-neva-products-inc-fladistctapp-1986.

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