Allstate Ins. Co. v. Podhurst, 4-86-0192
| Decision Date | 13 August 1986 |
| Docket Number | No. 4-86-0192,4-86-0192 |
| Citation | 491 So.2d 1222,11 Fla. L. Weekly 1795 |
| Parties | 11 Fla. L. Weekly 1795 ALLSTATE INSURANCE COMPANY, Petitioner, v. Murray PODHURST, Respondent. |
| Court | Florida District Court of Appeals |
On Petition for Writ of Common Law Certiorari from the Circuit Court for Palm Beach County; Richard I. Wennet, Judge.
Wayne T. Gill of Walton Lantaff Schroeder & Carson, West Palm Beach, for petitioner.
Rondal A. David, Boca Raton, for respondent.
We grant the petition for writ of certiorari and quash the order compelling petitioner to produce certain portions of its claim file. Our decision is controlled by United States Fire Ins. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982), which held that a plaintiff cannot compel disclosure of the carrier's work product, its claim file, where the cause of action is a first party claim for coverage under the policy. Accord West American Ins. Co. v. Neva Products, Inc., 11 F.L.W. 1046 (Fla. 2d DCA May 2, 1986); Alachua General Hosp. v. Zimmer USA, Inc., 403 So.2d 1087 (Fla. 1st DCA 1981); Agri-Business, Inc. v. Bridges, 397 So.2d 394 (Fla. 1st DCA 1981); Shawmut Van Lines, Inc. v. Small, 148 So.2d 556 (Fla. 3d DCA 1963). Accordingly, we direct the court to enter an order consistent with this opinion.
CERTIORARI GRANTED.
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Fidelity and Cas. Ins. Co. of New York v. Taylor
...the work product and attorney-client privileges which would ordinarily attach to these materials. E.g., Allstate Ins. Co. v. Podhurst, 491 So.2d 1222 (Fla. 4th DCA 1986); Utica Mut. Ins. Co. v. Croft, 432 So.2d 196 (Fla. 1st DCA 1983). 3 In contrast, a case like this one is totally in disti......
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Allstate Ins. Co. v. Swanson, 86-2187
...simply to establish a right of recovery, the plaintiff cannot compel disclosure of privileged matters. See Allstate Insurance Company v. Podhurst, 491 So.2d 1222 (Fla. 4th DCA 1986), Agri-Business, Inc. v. Bridges, 397 So.2d 394 (Fla. 1st DCA), review denied, 407 So.2d 1102 (Fla.1981). The ......
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