STATE FARM FLORIDA INSURANCE COMPANY, PETITIONER,
v.
ROSHANI DESAI, RESPONDENT
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Florida law prohibits discovery of an insurer's claims manuals and handling materials until coverage and loss have been determined, so the trial court's discovery order requiring State Farm to produce such materials was quashed.
Discovery of an insurer's claims files and claims handling materials is prohibited until contract/coverage litigation has been concluded and the extent of loss determined.
[1] Discovery of an insurer's claims manuals, guidelines, and claims handling materials is prohibited until the coverage dispute and extent of loss have been determined.
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Join FLexlaw to unlock all legal intelligenceRoshani Desai filed a declaratory action against State Farm regarding coverage for an alleged plumbing loss under her homeowners' insurance policy. Th…
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Roshani Desai filed a declaratory action to determine whether an alleged “plumbing loss” was covered by her homeowners’ insurance policy issued by State Farm Florida Insurance Company (“State Farm”). Prior to a determination as to coverage, the trial court entered a discov*6ery order requiring State Farm to (1) produce claim manuals and/or guidelines relating to certain policy language and (2) provide a representative to testify as to the claims manual, guidelines, and insurance policy.
In seeking certiorari review of the discovery order, State Farm contends Florida law “prohibits insureds from obtaining discovery into an insurer’s claims files and claims handling materials until contract/coverage litigation has been concluded.” As State Farm’s argument is well taken, we grant the petition for writ of certiorari and quash the discovery order under review. Gen. Star Indent. Co. v. Atl. Hospitality of Fla., LLC, 93 So.3d 501, 503 (Fla. 3d DCA 2012) (granting certiora-ri and quashing a discovery order because the order prematurely “compels the production of materials concerning the insurer’s business policies and practices before there has been a determination of coverage and the extent of loss”) (emphasis added); see also State Farm Fla. Ins. Co. v. Ramirez, 86 So.3d 1198 (Fla. 3d DCA 2012); Gov’t Emps. Ins. Co. v. Rodriguez, 960 So.2d 794 (Fla. 3d DCA 2007); Liberty Mut. Ins. Co. v. Farm, Inc., 754 So.2d 865 (Fla. 3d DCA 2000).
Petition granted; order quashed.
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Avatar Prop. & Cas. Ins. Co. v. Jones, 291 So. 3d 663 (Fla. 2d DCA 2020)…laim file, underwriting file, and/or documents that relate to its internal claims handling procedures which is improper in a breach of contract action based on a first-party property insurance claim. See, e.g., State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic Hospitality of Florida, LLC, 93 So. 3d 501 (Fla. - 3 - 3d DCA 2012); State Farm Florida Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 11…
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State Farm Mut. Auto. Ins. Co. v. Premier Diagnostic Ctrs., LLC, 185 So. 3d 575 (Fla. 3d DCA 2016)…DCA 2013) (“Because the trial court order at issue directed the production of Castle Key’s ‘claims file’ when the issue of coverage is still in dispute, the order departs from the essential requirements of law.”); State Farm Fla. Ins. Co. v. Desai, 106 So. 3d 5, 6 (Fla. 3d DCA 2013) (cautioning that a trial court departs from the essential requirements of law in permitting discovery of claim file materials, including adjuster’s notes in the claim file, while the coverage litigation has not concluded); Stat…
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Homeowners Choice Prop. & Cas. Ins. Co. v. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018)…edures were irrelevant to the first party [coverage] dispute” and “(b) the defendant’s surveillance photographs, witness statements and repair estimates were protected by the work product privilege”). See also State Farm Fla. Ins. Co. v. Desai, 106 So. 3d 5, 6 (Fla. 3d DCA 2013) (in a declaratory action to determine coverage, the trial court entered a discovery order requiring State Farm to produce claims manuals and/or guidelines relating to certain policy language and to provide a representative t…1 / 3
Previewing 3 of 9 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)
- Liberty Mut. Ins. Co. v. The Farm, Inc., 754 So. 2d 865 (Fla. 3d DCA 2000)
- Gen. Star Indem. Co. v. Atl. Hospitality OF Fla., LLC, 93 So. 3d 501 (Fla. 3d DCA 2012)
- State Farm Fla. Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012)