NATIONAL SECURITY FIRE AND CASUALTY COMPANY, ETC., PETITIONER,
v.
JEFFREY DUNN, RESPONDENT
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National Security Fire and Casualty Company sought certiorari review of an order compelling it to produce post-judgment claim and litigation materials after it paid a bad faith judgment. The court held that the trial court departed from the essential requirements of law by compelling production of privileged work product materials generated after the underlying tort judgment without a proper showing of good cause.
The trial court erred in ordering production of post-judgment materials. A bare assertion that the insurance company always pays excess judgments does not constitute good cause for waiving work product protection or other privileges with respect to documents generated after the final judgment in the underlying case.
[1] A party seeking discovery of post-judgment claim file materials must demonstrate good cause for their production.
[2] A bare assertion that an insurer always pays excess judgments does not establish good cause for the production of post-judgment privileged materials in a bad faith action…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Dunn, standing in the shoes of White, was entitled to production of the contents of the file up to the date of the final judgment in the underlying case.”
Establishes that pre-judgment materials are producible as of right in bad faith actions.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDunn obtained a judgment against National's insured, White, that exceeded White's policy limits. Dunn then filed a bad faith action against National. …
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PETERSON, Judge.
National Security Fire and Casualty Company (National) seeks certiorari review of an order requiring it to produce claim and litigation material generated by National between the date of an underlying tort judgment against its insured and the date National paid it. In the underlying case Dunn obtained a judgment against National’s insured, White, which was in excess of White’s policy limits. Thereafter, Dunn instituted a bad faith action against National. During the pendency of the bad faith action National paid Dunn the entire amount of the judgment, leaving outstanding Dunn’s claim against National for punitive damages. Thereafter, Dunn moved the trial court to compel production of National’s claim file relating to the underlying case. The trial court denied the motion and eventually entered final summary judgment for National.
On appeal, this court reversed in part. In Dunn v. National Security Fire & Casualty Co., 631 So. 2d 1103 (Fla. 5th DCA 1993), we held that Dunn, standing in the shoes of White, was entitled to production of the contents of the file up to the date of the final judgment in the underlying case. We also noted that “[additional memos or documents in the file after [the] date of the judgment can be obtained with a showing of good cause.” Id. at 1109. After remand, and after National produced the required documents, the trial court entered the order under review in this appeal. That order compelled production of materials contained in the claim file between the date of the final judgment in the underlying case and the date National paid Dunn the amount of the judgment against White.
We hold that the trial court departed from the essential requirements of law in granting the motion to compel production of the post-judgment materials. Contrary to Dunn’s assertion, the bare statement by National’s representative, that National always pays excess judgments, does not show good cause why Dunn is entitled to work product or other privileged materials post-dating the final judgment.
The order denying protection of the documents is quashed.
PETITION GRANTED; ORDER QUASHED
HARRIS, C.J., and GOSHORN, J. concur.
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Citator
Cited By
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Nat'l Sec. Fire & Cas. Co. v. Dunn, 705 So. 2d 605 (Fla. 5th DCA 1997)…ng tort case, but also any material in the file generated after the judgment against [*607] the tortfeasor was entered. National filed a petition for writ of certiorari seeking to quash this order. In National Security Fire and Casualty Co. v. Dunn, 652 So. 2d 1188 (Fla. 5th DCA 1995) (Dunn III), this court quashed the trial court’s order. Thereafter, the trial court granted Dunn’s motion to compel National to produce the litigation files of the attorneys who represented the insured and the files of any indep…
Authorities Cited
- Dunn v. Nat'l Sec. Fire & Cas. Co., 631 So. 2d 1103 (Fla. 5th DCA 1993)