State Farm Florida Insurance Co. v. Puig
2011 Fla. App. LEXIS 3902
Fla. Dist. Ct. App.2011Background
- Hurricane Wilma damaged Puigs' home in Oct 2005; they claimed about $234,000 from State Farm.
- State Farm acknowledged coverage but paid only about $49,000.
- Puigs filed a declaratory judgment action in 2006; appraisal awarded approximately $106,000 to Puigs in Feb 2008.
- Puigs notified intent to pursue first-party bad faith claims in Nov 2006 and Mar 2007; supplemental statutory bad faith and defamation complaint filed Feb 2009.
- Puigs sought production of State Farm's entire claim file; State Farm produced non-privileged portions and a privilege log.
- Trial court ordered production of claim file documents up to Feb 25, 2008; later amended order compelled production of all claim file documents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether work product pre-date resolution must be produced | Puigs | State Farm | Ruiz requires production of pre-resolution work product; upheld for pre-date materials |
| Whether post-resolution work product may be compelled | Puigs | State Farm | Post-resolution work product requires good cause; reversed portion for post-date materials |
| Effect of Ruiz on attorney-client privilege in bad-faith cases | Puigs | State Farm | Ruiz does not eliminate attorney-client privilege; privilege remains applicable |
Key Cases Cited
- Allstate Indemnity Co. v. Ruiz, 899 So.2d 1121 (Fla. 2005) (work product disclosure limited by underlying dispute; privilege remains intact)
- Allstate Ins. Co. v. Boecher, 733 So.2d 993 (Fla. 1999) (certiorari standards in discovery orders)
- Barzingus v. Wilheim, 306 F.3d 17 (10th Cir. 2010) (motion to compel arbitration standard resembles summary judgment standard)
- Higgins, 9 So.3d 655 (Fla. 5th DCA 2009) (attorney-client privilege protects confidential communications)
- Kujawa v. Manhattan National Life Insurance Co., 541 So.2d 1168 (Fla. 1989) (abrogated by Ruiz; prior view on privilege in bad-faith cases)
- Taylor v. Fidelity & Casualty Insurance Co., 525 So.2d 908 (Fla. 3d DCA 1987) (prior view on no privilege in bad-faith context (rejected by later cases))