21 Fla. L. Weekly Supp. 305b
Online Reference: FLWSUPP 2104DELFInsurance — Discovery — Trial court erred in compelling production of portions of insurer’s claim file which had been identified in privilege log without conducting in camera review
STATE FARM FIRE AND CASUALTY COMPANY Appellant, vs. CENTINEL MEDICAL CENTER, INC. a/a/o Fernandez Delfina, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 11-194-AP. L.C. Case No. 10-19688 CC 23. December 3, 2013. An appeal from the County Court for Miami-Dade County. Counsel: Nancy W. Gregoire, for Appellant. Matthew D. Hellman, for Appellee.
(PER CURIAM) We grant the Petition for Certiorari brought by State Farm Fire & Casualty Company (“State Farm”) and reverse the Trial Court’s order directing production of portions of the State Farm claim file. The order was entered with regard to documents identified in a privilege log. The trial court did not conduct an in camera review of the eleven pages of documents identified. We reverse pursuant to Allstate Ins. Co. v. Langston, 655 So.2d 91 (Fla. 1995) [20 Fla. L. Weekly S217a]; Granada Ins. Co. v. Ricks, 12 So.3d 276 (Fla 3rd DCA 2009) [34 Fla. L. Weekly D1001a]; Nationwide Ins. Co. of Fla. v. Demmo, 57 So.3d 982 (Fla. 2nd DCA 2011) [36 Fla. L. Weekly D707a].
The order is reversed and remanded for an in camera inspection. The trial court must examine the documents to determine if privileged, and further, whether the documents are subject to production despite privilege. If the trial court then determines the items should be produced, an order indicating the grounds for that conclusion should be entered giving due consideration to the cases cited above.
Petitioner moved for attorney’s fees contingent upon prevailing at the conclusion of the case in a manner which supports the granting of fees pursuant to the offer of settlement statute. We grant appellate fees contingent upon those grounds. (BAILEY, DRESNICK, and MARIA, JJ.)
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