STATE FARM FLORIDA INSURANCE COMPANY, PETITIONER,
v.
LUIS RAMIREZ AND ROXANA RAMIREZ, RESPONDENTS
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The court held that an order compelling production of an entire insurance claim file in a breach of contract action, without a bad faith claim and before coverage is resolved, is an improper departure from the essential requirements of law.
Petitioner sought a writ of certiorari to quash two trial court orders: one directing the creation of a privilege log and the other compelling the pro…
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This petition seeks a writ of certiorari quashing two orders in this action for a declaration of property insurance benefits and alleging breach of contract. There is no claim for bad faith against the insurer. We deny in part and grant in part the petition.
The first order dated February 9, 2012, simply directed petitioner to create a privilege log and provide the documents under seal for an in camera inspection. We deny the petition as to this order because it is premature. See Gaton v. Health Coalition, Inc., 774 So.2d 59, 60 (Fla. 3d DCA 2000).
The second order, dated March 7, 2012, however, compelled the petitioner to produce its entire claim file. This order departs from the essential requirements of law and will cause irreparable harm which cannot be remedied on appeal following final judgment. See Nationwide Ins. Co. of Fla. v. Demmo, 57 So.3d 982 (Fla. 2d DCA 2011) (stating claims file documents are protected from disclosure in a breach of contract action without a bad faith claim and the issue of coverage not yet resolved); accord Granada Ins. Co. v. Ricks, 12 So.3d 276, 277 (Fla. 3d DCA 2009); Gov’t Employees Ins. Co. v. Rodriguez, 960 So.2d 794, 795 (Fla. 3d DCA 2007).
Accordingly, we quash the order dated March 7, 2012, but at this time deny cer-tiorari as to the order dated February 9, 2012.
Certiorari granted in part, denied in part.
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gov't Emps. Ins. Co. v. Edelmida Rodriguez, 960 So. 2d 794 (Fla. 3d DCA 2007)
- Nationwide Ins. Co. OF Fla. v. Cookie Roberta Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011)
- Granada Ins. Co. v. Ricks, 12 So. 3d 276 (Fla. 3d DCA 2009)
- Haven OF Lake & Sumter Cntys., Inc. v. C. John Coniglio, P.A., 774 So. 2d 59 (Fla. 5th DCA 2000)