AMERICAN RELIANCE INSURANCE COMPANY, A FOREIGN CORPORATION, PETITIONER,
v.
ROSEMONT CONDOMINIUM HOMEOWNERS ASSOCIATION, INC., A FLORIDA CORPORATION, RESPONDENT
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American Reliance Insurance Company seeks certiorari review of a trial court order confirming a special master's recommendation that permitted discovery of work product materials over the insurer's objections. The court granted certiorari and quashed the order, finding the trial court departed from essential requirements of law by requiring disclosure of privileged work product in a first-party insurance dispute.
The court held that the trial court departed from essential requirements of law by denying American Reliance's exceptions to the special master's report, as the information sought was primarily work product that should have been protected from discovery in a first-party dispute.
[1] A writ of certiorari may be granted to review a nonfinal order confirming a special master's report that permits discovery over objections.
[2] Questions posed to an independent adjuster regarding conversations during an initial investigation and analysis of a bid constitute privileged work product in a first-par…
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Join FLexlaw to unlock all legal intelligence“The trial court departed from the essential requirements of law in denying American Reliance's exceptions regarding the Flynt deposition. The information sought of Flynt is primarily work product, intertwined with some matters irrelevant to this first party dispute.”
Establishes the core holding that work product privilege applies to the disputed deposition materials in a first-party insurance dispute.
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Join FLexlaw to unlock all legal intelligenceRosemont Condominium Homeowners Association sued American Reliance Insurance for declaratory judgment and breach of contract, challenging the adequacy…
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PER CURIAM.
American Reliance Insurance Company petitions for a writ of certiorari to review a nonfinal order confirming and adopting the findings and recommendations of a special master. The special master’s report permitted discovery over American’s objections. For the following reasons, we grant certiorari and quash the order below.
Rosemont Condominium Homeowner’s Association sued the condominium’s insurer, American Reliance, for declaratory judgment and breach of contract. Rosemont challenged the adequacy of American Reliance’s payments under the policy for damage caused by Hurricane Andrew. Rosemont deposed James Flynt, who had been hired by American Reliance’s adjusting firm, Palacios & Associates, to assist in evaluating the claim. Rosemont’s counsel posed questions to Mr. Flynt regarding (a) conversations that occurred during Flynt’s initial investigation and (b) Flynt’s work during this initial investigation, including his analysis of a bid and notes concerning this analysis. American Reliance objected that these questions invaded privileged work product.
A special master present at the deposition subsequently issued a report and recommendation overruling American Reliance’s objections and requiring Flynt to respond to the questions on further deposition. The trial court then denied American Reliance’s exceptions to and confirmed the reports and recommendations of the special master regarding both the Flynt deposition and the deposition of Mr. Palacios, at which American Reliance had raised similar objections.
The trial court departed from the essential requirements of law in denying American Reliance’s exceptions regarding the Flynt deposition. The information sought of Flynt is primarily work product, intertwined with some matters irrelevant to this first party dispute. See State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995).1 Further, American Reliance’s exceptions to the special master’s report on the Palacios deposition were not properly before the trial court — not having been noticed for hearing — and should not have been ruled upon.
Accordingly, we grant certiorari and quash the order below.
. Compare Allstate Ins. Co. v. Langston, 655 So. 2d 91, 94 (Fla.1995) (discovery of materials which are merely irrelevant does not necessarily cause the irreparable harm requisite for certiorari).
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Citator
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Fed. Ins. Co. v. Hall, 708 So. 2d 976 (Fla. 3d DCA 1998)…ustor’s notes. That portion of the order constitutes a departure from the essential requirements of law: the adjustor’s notes are protected by the work-product privilege. See American Reliance Ins. Co. v. Rosemont Condominium Homeowners Ass’n, Inc., 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995). Contrary to Hail’s assertion, a review of the hearing transcript on the motion to compel fails to disclose that the privilege was waived by production of t…
Authorities Cited
- Allstate Ins. Co. v. Langston, 655 So. 2d 91 (Fla. 1995)
- State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995)