Wednesday, January 2, 2013

Insurer Not Required To Provide Claims File When Coverage At Issue

In State Farm Florida Insurance Company v. Desai (3D12-2586), the Third District granted certiorari and quashed the trial court's order compelling the production of certain documents. The court stated that "prior to a determination as to coverage, the trial court entered a discovery 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." The court noted that "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.'” Agreeing with State Farm, the court stated that "as State Farm’s argument is well taken, we grant the petition for writ of certiorari and quash the discovery order under review."


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