From Casetext: Smarter Legal Research

Allstate Insurance Co. v. Podhurst

District Court of Appeal of Florida, Fourth District
Aug 13, 1986
491 So. 2d 1222 (Fla. Dist. Ct. App. 1986)

Opinion

No. 4-86-0192.

August 13, 1986.

On Petition for Writ of Common Law Certiorari from the Circuit Court for Palm Beach County; Richard I. Wennet, Judge.

Wayne T. Gill of Walton Lantaff Schroeder Carson, West Palm Beach, for petitioner.

Rondal A. David, Boca Raton, for respondent.


We grant the petition for writ of certiorari and quash the order compelling petitioner to produce certain portions of its claim file. Our decision is controlled by United States Fire Ins. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982), which held that a plaintiff cannot compel disclosure of the carrier's work product, its claim file, where the cause of action is a first party claim for coverage under the policy. Accord West American Ins. Co. v. Neva Products, Inc., 11 F.L.W. 1046 (Fla. 2d DCA May 2, 1986); Alachua General Hosp. v. Zimmer USA, Inc., 403 So.2d 1087 (Fla. 1st DCA 1981); Agri-Business, Inc. v. Bridges, 397 So.2d 394 (Fla. 1st DCA 1981); Shawmut Van Lines, Inc. v. Small, 148 So.2d 556 (Fla. 3d DCA 1963). Accordingly, we direct the court to enter an order consistent with this opinion.

CERTIORARI GRANTED.

ANSTEAD, DELL and WALDEN, JJ., concur.


Summaries of

Allstate Insurance Co. v. Podhurst

District Court of Appeal of Florida, Fourth District
Aug 13, 1986
491 So. 2d 1222 (Fla. Dist. Ct. App. 1986)
Case details for

Allstate Insurance Co. v. Podhurst

Case Details

Full title:ALLSTATE INSURANCE COMPANY, PETITIONER, v. MURRAY PODHURST, RESPONDENT

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 13, 1986

Citations

491 So. 2d 1222 (Fla. Dist. Ct. App. 1986)

Citing Cases

Manhattan Nat. Life Ins. v. Kujawa

Petitioner seeks certiorari review of a non-final order which required it to produce for inspection its legal…

Fidelity Cas. Ins. Co. v. Taylor

Thus, the action is totally unlike an ordinary "insured vs. insurer" action brought only under the policy, in…