Wednesday, October 28, 2009

Third DCA Quashed Order Allowing Premature Bad Faith Discovery

In Geico General Insurance Company v. Rodriguez (3D09-2444),  granted a petition for certiorari and quashed a trial court order allowing bad faith discovery.
Because such discovery is premature in the current procedural posture of the circuit court case—coverage issues have not yet been determined—the order must be quashed. Discovery relating to the statutory bad faith claim may not be commenced until such time, if ever, as the insured’s coverage and extent of loss have been determined...Discovery relating to a generalized “common law” bad faith claim must also be quashed because of the pendency of the statutory claim and the similarity of the discovery applicable to that claim.


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