11 Fla. L. Weekly Supp. 115a
Insurance — Discovery — Insurer’s claim manuals, training materials, and related documents — Privilege — Argument in opposition to production of documents that materials fall under definition of trade secrets or confidential business information cannot be resolved without in camera review — Ruling on plaintiff’s motion for sanctions reserved until completion of in camera review
KELLY BALLASH n/k/a KELLY NICHOLS, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY and UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. Circuit Court, 13th Judicial Circuit in and for Hillsborough County, General Civil Division. Case No. 02-004346, Division K. December 16, 2003. Marva L. Crenshaw, Judge. Counsel: William Merlin, Tampa. Timothy Patrick, Timothy A. Patrick, P.A., Tampa. John Weihmuller, Tampa.
ORDER REQUIRING DEFENDANTS TO PRODUCE DOCUMENTS FOR PURPOSES OFAN IN CAMERA INSPECTION
THIS CAUSE came on for hearing on November 18, 2003 pursuant to Plaintiff’s Motion to Compel and Motion for sanctions. After considering the arguments of counsel, the following findings of fact and conclusions of law are made:
1. On April 7, 2003 Plaintiff served a first request to produce to Defendant, USAA-CIC. On April 24, 2003 Plaintiff served a similar first request to Defendant, USAA. Both requests included such documents as the Defendant’s claim manuals, training materials and related documents.
2. Defendants’ arguments in opposition to the production are twofold: (a) that the materials fall under the definition of trade secrets or confidential business information and (b) that the information, though discoverable, should be subject to a protective order limiting the use of the material to the present dispute in order to protect Defendant’s interest.
3. Determining whether the trade secret privilege is applicable cannot, in most instances be made in a vacuum without an in camera review. See, Beck v. Dumas, 709 So. 2d 601 (Fla. 4th DCA 1998). The Defendant will deliver the records requested in the Plaintiff’s Request to Produce dated on April 7th and April 24th, within twenty (20) days from the date of this order to the Court for an in camera inspection.
4. The Court reserves ruling upon Plaintiff’s Motion for Sanctions, if any, until the completion of the in camera review.
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