American Home Assurance Co., Inc. v. Sebo
AHAC sought certiorari review of a discovery order in Sebo's first-party bad faith action that adopted a general magistrate's in camera rulings finding 24 of 39 sampled documents discoverable and directing AHAC to use those rulings as a guide for the remaining documents and to supply an updated privilege log. The Second DCA denied the petition, holding the magistrate correctly applied Genovese and Ruiz, that the petition was premature as to documents not yet compelled to be produced, and that AHAC failed to make document-specific arguments supporting the privilege.
Key facts
- American Home Assurance Co. sought certiorari review of a discovery order in a first-party bad faith action brought by Sebo requiring production of documents and an updated privilege log.
- A general magistrate conducted in camera review of 39 sampled documents, found 24 discoverable, and directed AHAC to use those rulings as a guide for determining discoverability of remaining documents.
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Why it matters
This opinion is useful for insurance and bad faith practitioners navigating the Genovese/Ruiz line: it confirms that claim-investigation materials prepared by counsel remain discoverable in first-party bad faith cases… — full analysis with a trial
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