17 Fla. L. Weekly Supp. 164a
Online Reference: FLWSUPP 1703CABRInsurance — Discovery — Surveillance tape — While insurer had right to depose insured prior to releasing surveillance tape of insured, trial court did not err in ordering insurer to release tape prior to deposing insured where court gave insurer ample opportunity to depose insured before releasing tape, but insurer delayed setting deposition to avoid releasing tape
STATE FARM MUTIAL AUTOMOBILE INSURANCE COMPANY, Appellant, vs. GLOBAL MEDICAL REHABILITATION CENTER, a/a/o FRANCISCO J. CABRERA, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 09-021 AP.L.T. Case No. 06-2900 SP 05 (01). November 19, 2009. An appeal from the County Court for Miami-Dade County. Counsel: Douglas Stein, for Appellant. Stuart B. Yanofsky, for Appellee.
(Before COHEN, SARDUY and SAMPEDRO-IGLESIA, JJ.)
(SAMPEDRO-IGLESIA, J.) The sole issue in this case is whether an insurer must produce a surveillance tape of the insured prior to deposing the insured/claimant.
The controlling case on this issue is Dodson v. Persell, 390 So. 2d 704, 708 (Fla. 1980), which provides a mandatory framework that trial courts must follow prior to ordering insurance companies to release surveillance tapes to claimants/insureds. Nonetheless, as in this case, there may be circumstances wherein a trial judge may justifiably use discretion in applying Dodson v. Persell.
In reviewing the record in this case, it is clear that the trial court gave Appellant ample opportunity to set the deposition of the claimant prior to producing the surveillance tape. Appellant did not avail itself of this opportunity. While Appellant had the right to depose the insured prior to releasing the surveillance tape, Appellant could not abuse that right by equivocating and delaying the litigation. Courts must have some discretion in expeditiously moving litigation ahead by managing crowded dockets. Since the Appellant does not have clean hands, we Affirm the trial court’s ruling that Appellant must release the surveillance tape prior to deposing the insured.
Appellee’s Motion for Attorney’s Fees is Granted.
