Bankers Ins Co. v. Florida Dept of Ins.

Citation755 So.2d 729
Decision Date09 March 2000
Docket NumberNo. 1D99-79,1D99-79
Parties(Fla.App. 1 Dist. 2000) BANKERS INSURANCE COMPANY, APPELLANT, V. FLORIDA DEPARTMENT OF INSURANCE AND TREASURER, APPELLEE.
CourtCourt of Appeal of Florida (US)

An appeal from the Circuit Court for Leon County. Judge P. Kevin Davey.

Douglas A. Mang, Wendy Russell Wiener, and Connie Pecori Crews, of Mang Law Firm, Tallahassee, for Appellant.

Steven H. Parton, Special Litigation Counsel, Department of Insurance, Division of Legal Services, Tallahassee, for Appellee.

Barfield, Chief Judge.

We AFFIRM the trial court's finding that no attorney-client relation privilege exists as to the documents and communications between the appellant, attorney Edwin Blanton, and the private investigator hired by Blanton to investigate an employee of the Department of Insurance, because no attorney-client relationship existed between appellant and Blanton with respect to this investigation, rather, Blanton was a "conduit" for the appellant. We AFFIRM the trial court's finding that no work-product doctrine or private investigator privilege was established for the documents created by Blanton, his investigator, the appellant, and the appellant's general counsel. We also AFFIRM the trial court's finding that an attorney-client relationship exists between the appellant and attorney Cheryl Gentry, so that the work- product privilege attaches to the letter written to Gentry by a polygraph examiner.

However, we REVERSE the trial court's finding that an attorney- client privilege attaches to communications between the appellant and George K. Delano with respect to the investigation of the Department's employee. The evidence demonstrates that Delano serves as the appellant's secretary and general counsel, but the appellant presented only argument, and no evidence, that he undertook the investigation of the Department's employee in his professional capacity as general counsel, or that he undertook the investigation in anticipation of litigation in which the appellant would be a party. We also REVERSE the trial court's finding that the letter written by Delano to Blanton on July 10, 1996, which refers to Gentry's representation of the appellant, is privileged.

The case is REMANDED to the trial court for entry of a final order which is in accordance with this opinion, and which releases to the Department everything currently under seal, with the exception of the letter to Gentry...

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4 cases
  • In re Tri State Outdoor Media Group, Inc., 02-70596.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Georgia
    • September 4, 2002
    ...... documents given to an attorney for purposes of tax preparation); Bankers Insurance Company v. Florida Department of Insurance and Treasurer, 755 ...See Auto Owners Ins. Co. v. Totaltape, Inc., 135 F.R.D. 199, 201 (M.D.Fla.1990). The burden ......
  • Ranger Constr. Indus., Inc. v. Allied World Nat'l Assurance Co., Civil No. 17-81226-CIV-Marra/Matthewman
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • February 5, 2019
    ......-Marra/Matthewman UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA February 5, 2019 AMENDED 1 ORDER DENYING DEFENDANT'S MOTION TO ... See , e . g ., Bankers Ins . Co . v . Fla . Dep't of Ins . & Treasurer , 755 So. 2d 729, 729 ... See , e . g ., Bankers Ins . Co . v . Florida Dept . of Ins ., 755 So.2d 729 (Fla. 1st DCA 2000) (finding no attorney-client ......
  • Ranger Constr. Indus., Inc. v. Allied World Nat'l Assurance Co., Civil No. 17-81226-CIV-Marra/Matthewman
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • February 4, 2019
    ...the legal advice was obtained or rendered in anticipation of litigation. See, e.g., Bankers Ins. Co. v. Fla. Dep't of Ins. & Treasurer, 755 So. 2d 729, 729 (Fla. Dist. Ct. App. 2000); 1550 Brickell Assocs. v. QBE Ins. Co., 597 F. Supp. 2d 1334, 1336 (S.D. Fla. 2009); Atriums of Palm Beach C......
  • 1550 Brickell Associates v. Qbe Ins. Co., Case No. 07-22283-CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • February 3, 2009
    ......INSURANCE COMPANY, Defendant. Case No. 07-22283-CIV. United States District Court, S.D. Florida. February 3, 2009. Page 1335.         Alvin Bruce Davis, Tania Cruz, Squire Sanders & ...Page 1337. from the Milinazzo court's reading of two Florida state court decisions—Bankers Insurance Company v. Florida Dept. of Ins. and Treasurer6 and Southern Bell Tel. & Tel. Co. v. ......

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