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UNITED PROPERTY AND CASUALTY INSURANCE COMPANY, INC., Petitioner, v. MARK FEINSTEIN and GENERAL MORTGAGE ASSOCIATES, INC., Respondents.

33 Fla. L. Weekly D2204b

Insurance — Discovery — Claim file — Non-final order compelling production of documents and interrogatory responses over insurance carrier’s claims of work product privilege and irrelevance quashed, to extent it ordered production of documents in the claim file

UNITED PROPERTY AND CASUALTY INSURANCE COMPANY, INC., Petitioner, v. MARK FEINSTEIN and GENERAL MORTGAGE ASSOCIATES, INC., Respondents. 4th District. Case No. 4D08-2450. September 17, 2008. Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Glenn D. Kelley, Judge; L.T. Case No. 502007CA022979XXXXM. Counsel: Carlos D. Cabrera and Hinda Klein of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for petitioner. Jeffrey Grubman of Jeffrey Grubman, P.A., Boca Raton, for respondents.

(Per Curiam.) United Property and Casualty Insurance Co., Inc. (United), the defendant below, seeks certiorari review of a non-final order in which the trial court granted the plaintiffs’ motion to compel documents and interrogatory responses, over United’s claims of work product privilege and irrelevance, but only to the extent that the order required the production of materials in its claim file for the claim which is the subject of the underlying litigation. The respondents have filed a response indicating that they no longer oppose that relief — so long as it is limited to quashing only that part of the order on review which required United to produce documents responsive to document request no. 3, the claim file. United’s reply does not indicate that any further relief is being sought.

Accordingly, we grant the petition and quash the order on review, but only to the extent it ordered United to produce documents responsive to request no. 3 of the plaintiffs’ first request for production of documents.

Petition Granted. (Shahood, C.J., Taylor and Damoorgian, JJ., concur.)

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