STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, PETITIONER,
v.
PREMIER DIAGNOSTIC CENTERS, LLC, (A/A/O SHERRY DUJON, DOLORES LANCASTER, MARIA LOPEZ), RESPONDENT

Fla. 3d DCA | 2016-01-27
No. 3D15-1871
Before SUAREZ, C.J., and WELLS, and LOGUE, JJ.
185 So. 3d 575 Florida District Court of Appeal, Third District (2016) Positive Treatment
Cited by 4 cases

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Synopsis

State Farm sought a writ of certiorari to quash trial court orders requiring it to produce adjusters' claims files to a medical care provider in first-party insurance cases. The Florida Third District Court of Appeal granted the petition, holding that an insurer's claim file is not discoverable in first-party disputes while coverage issues remain unresolved, as such disclosure would constitute an irreparable departure from established law.


Holding

An insurer's claim file and adjusters' notes are not discoverable in first-party insurance cases while coverage issues remain unresolved. The trial court orders requiring State Farm to produce its adjusters' claims files departed from the essential requirements of law and caused irreparable injury, warranting issuance of a writ of certiorari to quash the orders.


Headnotes

[1] An insurer's claim file is generally not discoverable in first-party non-bad-faith cases when the issue of coverage is still in dispute.

[2] Requiring the disclosure of an insurer's claim file materials during the litigation of coverage issues can result in irreparable harm that cannot be adequately addressed…

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Key Quotes

“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.”

Establishes the core principle that claim files cannot be discovered when coverage is disputed

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Facts & Procedural History

State Farm was ordered by the trial court in three separate first-party non-bad-faith insurance cases to produce portions of its adjusters' claims fil…

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Opinion of the Court
WELLS, J.

WELLS, J.

State Farm petitions for issuance of this court’s writ quashing three trial court orders requiring State Farm, in three first-party non-bad-faith cases, to produce portions of its adjusters’ claims files to a medical -.care provider. Because this and other courts have repeatedly held that an *576insurer’s, claim file is not discoverable in cases such as this, we find not only that the wrong law was.applied below but also that an irreparable departure from the essential requirements of the law resulting in manifest injustice has occurred as well. See Castle Key Ins. Co. v. Benitez, 124 So.3d 379, 380 (Fla. 3d 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); State Farm Florida Ins. Co. v. Ramirez, 86 So.3d 1198, 1198 (Fla. 3d DCA 2012) (recognizing the claim file protection); State Farm Fla. Ins. Co. v. Seville Place Condo. Ass’n, Inc., 74 So.3d 105, 108 (Fla. 3d DCA 2011) (en banc) (“For an appellate court to review a nonfi-nal 'order by petition for certiorari, the petitioner must demonstrate that the trial court departed from the essential requirements of law, thereby causing irreparable injury which cannot be adequately remedied on appeal following final judgment.” (quoting Belair v. Drew, 770 So.2d 1164, 1166 (Fla.2000))); Nationwide Ins. Co. of Fla. v. Demmo, 57 So.3d 982, 984 (Fla. 2d DCA 2011) (concluding that “requiring the disclosure of claim file materials during the litigation of coverage issues would result in irreparable harm that cannot be adequately addressed on appeal”) (quoting Seminole Cas. Ins. Co. v. Mastrominas, 6 So.3d 1256, 1258 (Fla. 2d DCA 2009)); Old Republic Nat’l Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So.2d 818, 819 (Fla. 5th DCA 2003) (“[A] party is not entitled to discovery of an insurer’s claim file ... in an action for insurance benefits ... until the insurer’s obligation to provide coverage has been established.”); State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389, 390 (Fla. 2d DCA 2003) (confirming that an insurer’s claim files, investigative reports, and notes “are either irrelevant to the first-party dispute that this case presents or áre privileged work product’’); Scottsdale Ins. Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So.2d 250, 251 (Fla. 3d DCA 2002) (“When the issue of insurance coverage is unresolved and at issue in pending court proceedings, a trial court must not order an insurer to produce its claims files and other work product documents.”); State Farm Fire & Cas. Co. v. Valido, 662 So.2d 1012, 1013 (Fla. 3d DCA 1995) (concluding “[i]n this proceeding for certiorari, we quash in its entirety an order of production upon the holdings that (a) State Farm’s claim files, manuals, guidelines and documents concerning its claim handling procedures were irrelevant to the first party dispute involved in this case”); see also Coyne v. Schwartz, Gold, Cohen, Zakarin & Kotler, P.A., 715 So.2d 1021, 1022 (Fla. 4th DCA 1998) (“Orders compelling production of matters claimed to be protected by the attorney-client privilege or work product doctrine present the required potential for irreparable harm.”); Fireman’s Fund Ins. Co. v. Signorelli, 681 So.2d 720, 721 (Fla. 2d DCA 1996) (explaining that the work product privilege can apply to “investigative materials” if they were compiled “in response to some event which foreseeably could be made the basis of a claim”).1

*577Accordingly we issue the writ sought and quash the decision of the court below affirming the three orders at issue requiring State Farm to produce its adjusters’ notes to Premier Diagnostic Centers, LLC.

Petition granted.


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Citator

Cited By

  • Homeowners Choice Prop. & Cas. Ins. Co. v. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018)
    …which negates any requirement that a trial ---PAGE 9--- court review those categories of disputed documents to determine the applicability of privilege. Finally, in State Farm Mutual Automobile Insurance Co. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), we granted second- tier certiorari relief to an insurer in three first-party, non-bad-faith cases, where the trial court ordered it “to produce portions of its adjusters’ claims files to a medical care provider.” Id. at 575.…
    1 / 3
  • Victoria Fire & Cas. Co. v. Fla. Hosp. (9th Cir. Ct. App. Div. 2018)

Authorities Cited (14 total)

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