ALLSTATE INSURANCE COMPANY, PETITIONER,
v.
SHIRLEY LOVELL AND THOMAS LOVELL, RESONDENTS
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Allstate seeks review of a trial court order compelling production of its entire claim file and denying its motion to quash a subpoena before the coverage issue was resolved. The appellate court holds that an insurer need not produce its claim file in a bad faith case until the coverage issue is first resolved, and that abatement of the bad faith claim is appropriate pending resolution of the underlying coverage dispute.
The court holds that an insurer need not produce its entire claim file prior to resolution of the coverage issue, and that abatement of the bad faith claim is appropriate. The claim file is producible only after the coverage issue has been resolved.
[1] An insurer's entire claim file is not discoverable prior to the resolution of the coverage issue in a bad faith claim.
[2] A bad faith claim against an insurer may be abated pending resolution of the underlying coverage issue.
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Join FLexlaw to unlock all legal intelligence“We find that the trial court departed from the essential requirements of law when it required the insurer to produce its entire claim file prior to resolution of the coverage issue”
Establishes the core holding that claim file production cannot be compelled before coverage is resolved
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Join FLexlaw to unlock all legal intelligenceShirley Lovell suffered injuries in an automobile accident and filed a negligence action against the other driver. She also filed claims against her o…
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PER CURIAM.
Allstate Insurance Company [Allstate] seeks review by certiorari of an order compelling it to produce its entire claim file1 pertaining to its insured, Shirley Lovell [Lo-vell], denying its motion to quash a subpoena duces tecum, and denying Allstate’s motion to sever or abate Lovell’s claim predicated on Allstate’s alleged bad faith in refusing to settle under section 624.-155(l)(b)(l), Florida Statutes (1985). We have jurisdiction. Martin-Johnson v. Savage, 509 So. 2d 1097 (Fla.1987); Fidelity & Cos. Ins. Co. v. Taylor, 525 So. 2d 908 (Fla. 3d DCA 1987); Cowan v. Florida Dental Ass’n, Inc., 463 So. 2d 285 (Fla. 4th DCA 1984).
Lovell suffered injuries in an automobile accident. She instituted a negligence action against the owner and driver of the other car and filed claims against Allstate, her own carrier, for underinsured motorist benefits and for bad faith failure to settle the claim. The trial court granted her motion for production of Allstate’s claim file, despite Allstate’s objections based on work-product and attorney-client privilege. We find that the trial court departed from the essential requirements of law when it required the insurer to produce its entire claim file prior to resolution of the coverage issue; we quash the order compelling production and denying Allstate’s motion to quash the subpoena duces tecum. Allstate v. Shupack, 335 So. 2d 620 (Fla. 3d DCA 1976); see Balboa Ins. Co. v. Vanscooter, 526 So. 2d 779 (Fla. 2d DCA 1988); Allstate v. Swanson, 506 So. 2d 497 (Fla. 5th DCA 1987). Cf Fidelity Ins. Co. v. Taylor, 525 So. 2d 908 (Fla. 3d DCA 1987) (insurer’s claim file in first-party “bad faith” action, where issue of coverage has been resolved, is producible).
We also quash the trial court’s order denying Allstate’s motion to abate the “bad faith” claim. Although respondent correctly filed both the underinsured motorist and “bad faith” claims in one action, Schimmel v. Aetna Casualty & Sur. Co., 506 So. 2d 1162 (Fla. 3d DCA 1987), abatement of the “bad faith” claim is appropriate.
Certiorari granted; orders quashed; remanded.
. Respondent requested the following documents:
1. A complete copy of the entire claim file in the underinsured motorist claim of Shirley Lovell which is the subject of this suit.
2. All procedure and policy manuals; all written material; and inter-office or inter-company memorandum which are used by adjusters to adjust, investigate and evaluate uninsured motorist and underinsured motorist claims which were in effect.
In the subpoena duces tecum, respondent requested Allstate to:
BRING ENTIRE UNDERINSURED MOTORIST AND P.I.P. CLAIM FILES ON SHIRLEY LOVELL; ALL PROCEDURE AND POLICY MANUALS WHICH ARE USED BY G. TOWNSEND AND ALL ALLSTATE ADJUSTERS TO ADJUST, INVESTIGATE, AND EVALUATE UNINSURED AND/OR UNDERIN-SURED MOTORIST CLAIMS.
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Rubio v. State Farm Fire & Cas. Co. & Michele Vincent-Belizaire, 662 So. 2d 956 (Fla. 3d DCA 1995)…ch a trial court order and to require the abatement of the bad faith claim, see Independent Fire Ins. Co. v. Lugassy, 538 So. 2d 550 (Fla. 3d DCA 1989); Colonial Penn Ins. Co. v. Mayor, 538 So. 2d 100 (Fla. 3d DCA 1989); Allstate Ins. Co. v. Lovell, 530 So. 2d 1106 (Fla. 3d DCA 1988), one of our primary bases for so holding was that such a failure to abate would otherwise result in irreparable harm to the defendant/insurer, namely that the latter would necessarily be required in this joint action to disclose i…
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State Farm Fire & Cas. Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996)…State Farm Fire & Casualty Co. v. Wheeland, 648 So. 2d 297 (Fla. 3d DCA 1995); Superior Ins. Co. v. Holden, 642 So. 2d 1139 (Fla. 4th DCA 1994); Balboa Ins. Co. v. Vanscooter, 526 So. 2d 779 (Fla. 2d DCA 1988). See also Allstate Ins. Co. v. Lovell, 530 So. 2d 1106 (Fla. 3d DCA 1988) (discovery of an insurer’s files impermissible prior to establishment of coverage in a first party bad faith action); Allstate Ins. Co. v. Shupack, 335 So. 2d 620 (Fla. 3d DCA 1976) (same). WRIT ISSUED; ORDER QUASHED. W. SHARP a…
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Colonial Penn Ins. Co. v. Roslyn Mayor, 538 So. 2d 100 (Fla. 3d DCA 1989)…h it is accused of improperly defending — is terminated favorably to the insured. Fortson v. St. Paul Fire & Marine Ins. Co., 751 F. 2d 1157 (11th Cir.1985). It therefore follows, as we recently and squarely held in Allstate Insurance Co. v. Lovell, 530 So. 2d 1106 (Fla. 3d DCA 1988), that the “bad faith” case itself, together with the concomitant rights to discovery as to the manner in which the initial action was defended, must be postponed2 pending the completion of that action. Wrenching the word from its…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Schimmel v. The AETNA Cas. & Sur. Co., 506 So. 2d 1162 (Fla. 3d DCA 1987)
- Fid. & Cas. Ins. Co. of N.Y. v. Taylor, 525 So. 2d 908 (Fla. 3d DCA 1987)
- Lach v. Lach, 335 So. 2d 620 (Fla. 3d DCA 1976)
- Allstate Ins. Co. v. Swanson, 506 So. 2d 497 (Fla. 5th DCA 1987)
- Balboa Ins. Co. v. Vanscooter, 526 So. 2d 779 (Fla. 2d DCA 1988)
- Cowan v. People of the State of Fla., 463 So. 2d 285 (Fla. 4th DCA 1984)