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State Farm Fire Cas. Co. v. Valido

District Court of Appeal of Florida, Third District
Nov 15, 1995
662 So. 2d 1012 (Fla. Dist. Ct. App. 1995)

Summary

holding "claim files, manuals, guidelines and documents concerning its claim handling procedures [are] irrelevant to first party dispute"

Summary of this case from Homeowners Choice Prop. & Cas. Ins. Co. v. Avila

Opinion

No. 95-2208.

November 15, 1995.

Appeal from the Circuit Court, Dade County, Alan F. Postman, J.

Richard A. Warren; South Miami, Chou Granado, P.A., Coral Gables, for petitioner.

Diego C. Asencio; West Palm Beach, Jose M. Francisco, P.A., Miami, for respondent.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.


The respondent sued State Farm on a homeowner's policy for damages allegedly caused by hurricane Andrew and tropical storm Gordon. State Farm claimed that the home had sustained ordinary wear and tear which was not covered by the policy. In 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 Allstate Ins. Co. v. Langston, 655 So.2d 91 (Fla. 1995); Fidelity Cas. Ins. Co. of N.Y. v. Taylor, 525 So.2d 908, 909 (Fla. 3d DCA 1987), rev. denied, 528 So.2d 1181 (Fla. 1988), disapproved on other grounds, Kujawa v. Manhattan Nat'l Life Ins. Co., 541 So.2d 1168 (Fla. 1989), and (b) the defendant's surveillance photographs, witness statements and repair estimates were protected by the work product privilege. See Surf Drugs, Inc. v. Vermette, 236 So.2d 108 (Fla. 1970); Waste Management, Inc. of Florida v. Southern Bell Tel. Tel. Co., 544 So.2d 1133 (Fla. 4th DCA 1989); Dade County School Bd. v. Soler, 534 So.2d 884 (Fla. 3d DCA 1988).

Certiorari granted.


Summaries of

State Farm Fire Cas. Co. v. Valido

District Court of Appeal of Florida, Third District
Nov 15, 1995
662 So. 2d 1012 (Fla. Dist. Ct. App. 1995)

holding "claim files, manuals, guidelines and documents concerning its claim handling procedures [are] irrelevant to first party dispute"

Summary of this case from Homeowners Choice Prop. & Cas. Ins. Co. v. Avila

holding insurer's investigative materials were work product

Summary of this case from Scottsdale Insurance Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc.

finding surveillance photographs "were protected by the work product privilege"

Summary of this case from Avatar Prop. & Cas. Ins. Co. v. Mitchell

concluding “[i]n this proceeding for certiorari, we quash in its entirety an order of production upon the holdings that 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”

Summary of this case from State Farm Mutual Automobile Insurance Co. v. Premier Diagnostic Centers, LLC

granting certiorari and quashing an order requiring the production of "State Farm's claim files, manuals, guidelines and documents concerning its claim handling procedures"

Summary of this case from State Farm Fla. Ins. Co. v. Hill

granting certiorari, quashing the trial court's discovery order "in its entirety," and holding that " State Farm's claims files, manuals, guidelines and documents concerning its claims handling procedures 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"

Summary of this case from Homeowners Choice Prop. & Cas. Ins. Co. v. Avila

quashing order compelling discovery of insurer's claims files, internal claims documents, and work product when coverage was at issue

Summary of this case from Scottsdale Insurance Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc.
Case details for

State Farm Fire Cas. Co. v. Valido

Case Details

Full title:STATE FARM FIRE AND CASUALTY COMPANY, PETITIONER, v. AMANDA VALIDO…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 15, 1995

Citations

662 So. 2d 1012 (Fla. Dist. Ct. App. 1995)

Citing Cases

Scottsdale Insurance Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc.

See State Farm Fire Cas. Co. v. Wheeland, 648 So.2d 297 (Fla. 3d DCA 1995). See also State Farm Fire Cas.…

Homeowners Choice Prop. & Cas. Ins. Co. v. Avila

Nevertheless, and well before our decision in Ramirez, this court has granted certiorari relief under similar…