ALLSTATE INSURANCE COMPANY, PETITIONER,
v.
MURRAY PODHURST, RESPONDENT
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PER CURIAM.
We grant the petition for writ of certiorari and quash the order compelling petitioner to produce certain portions of its claim file. Our decision is controlled by United States Fire Ins. v. Clearwater Oaks Bank, 421 So. 2d 783 (Fla. 2d DCA 1982), which held that a plaintiff cannot compel disclosure of the carrier’s work product, its claim file, where the cause of action is a first party claim for coverage under the policy. Accord West American Ins. Co. v. Neva Products, Inc., 11 F.L.W. 1046 (Fla. 2d DCA May 2, 1986); Alachua General Hosp. v. Zimmer USA, Inc., 403 So. 2d 1087 (Fla. 1st DCA 1981); Agri-Business, Inc. v. Bridges, 397 So. 2d 394 (Fla. 1st DCA 1981); Shawmut Van Lines, Inc. v. Small, 148 So. 2d 556 (Fla. 3d DCA 1963). Accordingly, we direct the court to enter an order consistent with this opinion.
CERTIORARI GRANTED.
ANSTEAD, DELL and WALDEN, JJ., concur.
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Fid. & Cas. Ins. Co. of N.Y. v. Taylor, 525 So. 2d 908 (Fla. 3d DCA 1987)…o the only issues involved, those of coverage and damages, and in which there is therefore no basis for overcoming the work product and attorney-client privileges which would ordinarily attach to these materials. E.g., Allstate Ins. Co. v. Podhurst, 491 So. 2d 1222 (Fla. 4th DCA 1986); Utica Mut. Ins. Co. v. Croft, 432 So. 2d 196 (Fla. 1st DCA 1983).3 In contrast, a case like this one is totally in distinguishable from the familiar “bad faith” failure to settle or defend a third-party’s action against a liabi…
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Allstate Ins. Co. v. Swanson, 506 So. 2d 497 (Fla. 5th DCA 1987)…See Stone v. Travelers Insurance Company, 326 So. 2d 241 (Fla. 3rd DCA 1976). However, if the suit is simply to establish a right of recovery, the plaintiff cannot compel disclosure of privileged matters. See Allstate Insurance Company v. Podhurst, 491 So. 2d 1222 (Fla. 4th DCA 1986), Agri-Business, Inc. v. Bridges, 397 So. 2d 394 (Fla. 1st DCA), review denied, 407 So. 2d 1102 (Fla. 1981). The rationale for this distinction is that a claim for bad faith will lie when a carrier fails to properly perform its fi…
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Manhattan Nat'l Life Ins. Co. v. Penelope R. Kujawa, 522 So. 2d 1078 (Fla. 4th DCA 1988)…er which required it to produce for inspection its legal department’s file over its objection of work product immunity and attorney-client privilege. We grant certiorari and quash the order on the authority of Allstate Insurance Company v. Podhurst, 491 So. 2d 1222 (Fla. 4th DCA 1986), United States Fire Insurance Company v. Clearwater Oaks Bank, 421 So. 2d 783 (Fla. 2d DCA 1982), Travelers Insurance Company v. Habelow, 405 So. 2d 1361 (Fla. 5th DCA 1981), and Agri-Business, Inc. v. Bridges, 397 So. 2d 394 (Fl…
Authorities Cited
- Alachua Gen. Hosp., Inc. v. Zimmer USA, Inc., 403 So. 2d 1087 (Fla. 1st DCA 1981)
- United States Fire Ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783 (Fla. 2d DCA 1982)
- Agri-Business, Inc. v. Bridges, 397 So. 2d 394 (Fla. 1st DCA 1981)
- Shawmut van Lines, Inc. v. Small, 148 So. 2d 556 (Fla. 3d DCA 1963)