General Acc. Ins. Co. v. Borg-Warner Acceptance Corp., BORG-WARNER
| Decision Date | 19 February 1986 |
| Docket Number | No. 85-2539,BORG-WARNER,85-2539 |
| Citation | 11 Fla. L. Weekly 462,483 So.2d 505 |
| Parties | 11 Fla. L. Weekly 462 GENERAL ACCIDENT INSURANCE COMPANY, Petitioner, v.ACCEPTANCE CORPORATION and Joseph J. Packal d/b/a Welcome Video & Electronics, Respondents. |
| Court | Florida District Court of Appeals |
David C. Willis of Neilson & Associates, Orlando, for petitioner.
James E. Tribble of Blackwell, Walker, Fascell & Hoehl, Miami, for respondent Borg-Warner.
David Jack Palgon of Engel & Palgon, P.A., Miami, for respondents Joseph J. Packal and Welcome Video & Electronics.
Following a series of alleged theft losses, Joseph J. Packal d/b/a Welcome Video & Electronics ceased making payments on its obligations to Borg-Warner, who held a security interest in Welcome Video's inventory. Welcome Video also filed a claim against General Accident for benefits under an insurance policy issued by General Accident. Following an extensive investigation of the circumstances surrounding the alleged thefts, General Accident declined to pay Welcome Video.
Borg-Warner then brought suit against Welcome Video, seeking payment under a promissory note and security agreement and against General Accident for benefits as a loss payee under the insurance policy. Welcome Video filed a cross-claim against General Accident for benefits under the insurance policy. Likewise, General Accident cross-claimed against Welcome Video for insurance fraud.
During the course of this litigation one of the parties scheduled the deposition of General Accident Insurance Company and demanded the production of its claim file pertaining to the loss involved in this suit. General Accident objected and sought a protective order, which gave rise to a trial court order for an in camera inspection of the claim file. The trial judge inadvertently forwarded the file to David J. Palgon, counsel for the insured, Joseph J. Packal a/b/a Welcome Video & Electronics. Not realizing the file had been sent to him inadvertently, Palgon reviewed the file and discussed it with counsel for Borg-Warner. The trial court ultimately ruled that several portions of the file were work product, not subject to production for inspection.
Upon learning of the mistake, General Accident moved the court to disqualify or recuse counsel for Joseph J. Packal and Borg-Warner from the case on the grounds that they had acquired an unfair advantage by virtue of the inadvertent disclosure of General Accident's claim file and certain...
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...if not justice itself, and the public's interest in the integrity of the judicial process.General Accident Ins. Co. v. Borg–Warner Acceptance Corp., 483 So.2d 505, 506 (Fla.Dist.Ct.1986). We are also mindful that this approach provides relief to a client, whose rights may have been breached......
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