Gen. Star Indem. Co. v. Atl. Hospitality of Fla. Llc.

• Decision Date: 09 March 2011
• Docket Number: No. 3D10–3109.,3D10–3109.
• Citation: Gen. Star Indem. Co. v. Atl. Hospitality of Fla. Llc., 57 So.3d 238 (Fla. App. 2011)
• Parties: GENERAL STAR INDEMNITY COMPANY, Petitioner,v.ATLANTIC HOSPITALITY OF FLORIDA, LLC., Respondent.
• Court: Florida District Court of Appeals

57 So.3d 238

GENERAL STAR INDEMNITY COMPANY, Petitioner,

v.ATLANTIC HOSPITALITY OF FLORIDA, LLC., Respondent.

No. 3D10–3109.

District Court of Appeal of Florida, Third District.

March 9, 2011.

White & Case, and Raoul G. Cantero and Michelle Holmes Johnson, Miami; Berk Merchant & Sims, and William S. Berk, Melissa M. Sims, Miami, and D. Carolina Lopez, for petitioner.Ginsberg & Schwartz, and Arnold R. Ginsberg; Mintz Truppman, and Mark J. Mintz, Miami, for respondent.Before WELLS, SALTER, and EMAS, JJ.SALTER, J.

General Star Indemnity Company, a commercial property insurer, seeks a writ of certiorari quashing two discovery orders. Atlantic Hospitality of Florida, LLC, is General Star's insured and is the respondent. Simply stated, Atlantic Hospitality obtained orders compelling two senior officers ¹ of General Star to appear for deposition in a windstorm insurance case. General Star filed an affidavit establishing that these senior officers had no role in the investigation or adjustment ² of Atlantic Hospitality's claims.

Certiorari is available to review a discovery order which departs from essential requirements of law and causes injury that has no adequate remedy in a subsequent appeal. Banc of Am. Inv. Servs. v. Barnett, 997 So.2d 1154, 1155 (Fla. 3d DCA 2008). The order departs from essential requirements of law because Atlantic Hospitality has not shown that the president's deposition is “reasonably calculated to lead to the discovery of admissible evidence” under Florida Rule of Civil Procedure 1.280.³ See Granada Ins. Co. v. Ricks, 12 So.3d 276, 277 n. 1 (Fla. 3d DCA 2009). General Star has shown that its president is a manager, not an adjuster or other employee with personal knowledge of the factual disputes involved in the lawsuit.

The injury that cannot be remedied in a subsequent, plenary appeal is described by General Star's president in her affidavit:

12. As President and Chief Executive Officer of General Star Management Company, my signature appears on every policy issued by General Star Indemnity Company in the State of Florida as a standard, pre-printed signature on all policies.

13. Because of the size and nature of the insurance business and the number of people insured by General Star, Genesis, and General Re, the insureds and reinsureds of these entities are involved in hundreds of lawsuits throughout the United States. If I were summoned as a deponent to testify in each of those cases, I would not have time to fulfill my duties as an executive officer of Genesis, General Star or General Re, as I could literally be in depositions every single day. It would be extremely disruptive to my responsibilities to any one of these companies and its policyholders if I were to give depositions in cases involving individual insureds, when I was not involved with their claims or policies, as is the case here.

14. I have not participated in the above-captioned litigation, or in the underlying insurance claim, or in the underwriting of the subject policy, and I am filing this affidavit in support of a motion for protective order.

This is an obvious but compelling point. The job of the president of the company is to manage the company, not to fly around the United States participating in depositions about policy-related claim disputes of which the president has no personal knowledge. While the out-of-pocket costs of such an exercise can be calculated and shifted if appropriate at the conclusion of the case (or in a separate sanctions motion), the effect on the company is much more difficult to measure. If all claimants demand and obtain the same right, the chief executive officer manages his or her deposition...