STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, PETITIONER,
v.
WILLIE BYRNES JONES AND FRANK EDWARD JONES, RESPONDENTS
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ORFINGER, Judge.
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.
DAUKSCH and COBB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gen. Accident Ins. Co. v. Am. Mut. Ins. Co., 562 So. 2d 414 (Fla. 5th DCA 1990)…the primary carrier, alleging common law and statutory bad faith. The trial court found that the cases of Kujawa v. Manhattan National Life Insurance Company, 541 So. 2d 1168 (Fla.1989) and State Farm Mutual Automobile Insurance Company v. Jones, 544 So. 2d 1172 (Fla. 5th DCA 1989) are not applicable to the instant facts, apparently on the basis that the former decision involved life insurance rather than accident insurance, and that the latter opinion was factually unclear. We find that the work product pr…
Authorities Cited
- Penelope R. Kujawa v. Manhattan Nat'l Life Ins. Co., 541 So. 2d 1168 (Fla. 1989)