2009

34 Fla. L. Weekly D559b
6 So. 3d 1256

Insurance — Discovery — Claim file — Circuit court departed from essential requirements of law in ordering insurer to produce certain items in its claims file where insured alleged breach of contract and sought declaratory judgment that coverage was in effect on date of accident and did not assert bad faith claim — Requiring disclosure of claim file materials during litigation of coverage issues would result in irreparable harm that cannot be adequately addressed on appeal

34 Fla. L. Weekly D653a
9 So. 3d 655

Insurance — Bad faith — Discovery — Attorney-client privilege — Trial court improperly granted insured discovery of documents that were generated following entry of excess judgment against insurer — Bill for legal services that contains description of billed-for attorney activities that predate underlying judgment was discoverable — Nothing in Florida Supreme Court decision eliminates attorney-client privilege in first-party insurance cases where the plaintiff asserts statutory bad faith — Even if privilege were eliminated, such nullification of privilege cannot extend to communications made after the underlying first-party insurance dispute is adjudicated

34 Fla. L. Weekly D2169b
24 So. 3d 588

Insurance — Discovery orders — Appeals — Certiorari — Insurer’s “emergency” petition for writ of certiorari seeking review of order in which circuit court, acting in its appellate capacity, deferred ruling on insurer’s motion for review of a county court order denying a stay pending appellate review in order to prevent the plaintiff in the county court case from obtaining bad faith discovery before liability was established — Circuit court did not depart from essential requirements of law, and delay in ruling on request for stay pending appellate review did not result in irreparable harm

34 Fla. L. Weekly D2223c
23 So. 3d 1212

Insurance — Bad faith — Discovery — Discovery regarding bad faith claim is premature where coverage issues have not been determined

34 Fla. L. Weekly D653a
9 So. 3d 655

Insurance — Bad faith — Discovery — Attorney-client privilege — Trial court improperly granted insured discovery of documents that were generated following entry of excess judgment against insurer — Bill for legal services that contains description of billed-for attorney activities that predate underlying judgment was discoverable — Nothing in Florida Supreme Court decision eliminates attorney-client privilege in first-party insurance cases where the plaintiff asserts statutory bad faith — Even if privilege were eliminated, such nullification of privilege cannot extend to communications made after the underlying first-party insurance dispute is adjudicated

34 Fla. L. Weekly D1241e
12 So. 3d 306

Insurance — Bad faith — Appeals — Certiorari — Petition dismissed for failure to establish irreparable harm which is necessary to invoke court’s certiorari jurisdiction

34 Fla. L. Weekly D2599b
25 So. 3d 62

Insurance — Homeowners — Bad faith — Citizens Property Insurance Corporation is shielded by sovereign immunity from bad faith claims — Petition for writ of prohibition granted — Trial court directed to take no further action with respect to first-party bad faith claim against Citizens Property Insurance Corporation

34 Fla. L. Weekly D2119aNOT FINAL VERSION OF OPINION
Subsequent Changes at 36 Fla. L. Weekly D1558a

Insurance — Hurricane damage to condominium — Bad faith — Ripeness of claim — Where insurer’s liability to insured condominium association had been determined, and an appraisal had been completed and confirmed by court, the conditions precedent for amendment to add a bad faith claim were met — There is no merit to insurer’s argument that prosecution of bad faith claim must be abated until insurer has been permitted to appeal the liability and appraisal decisions and exhaust all appellate remedies relating to those issues — Trial court properly allowed insured to proceed with statutory bad faith claim and punitive damages claim

34 Fla. L. Weekly D488b
4 So. 3d 80

Insurance — Automobile liability — Where policy provided separate coverage for bodily injury and property damage liability, insurer was not collaterally estopped from contesting bodily injury coverage because of fact that it has paid property damage liability claim — Where, at time of accident, insured vehicle was being driven by insured’s wife, who was listed as driver under the named driver exclusion which provided that no coverages were available to wife while driving vehicle except PIP and property damage liability, insurer was not collaterally estopped from denying bodily injury coverage although it had paid property damage claim

34 Fla. L. Weekly D2324a
23 So. 3d 1221

Insurance — Automobile liability — Bad faith failure to settle claim against insured — Trial court erred in entering summary judgment for insurer in insured’s bad faith action where there was factual issue as to whether insurer, having knowledge of insured’s fault in causing accident with motorcyclist and the catastrophic nature of injuries to motorcyclist, breached its duty of good faith by failure to tender policy limits — Whether it was reasonable for insurer to insist on additional medical information beyond what it already knew, whether it was reasonable for insurer to insist on further verification of attorney’s lien issue, and whether insurer reasonably handled purported “tender” are factual disputes for determination by finder of fact