Geico Casualty Co. v. MSP Recovery Claims
MSP subpoenaed non-party ISO for claims records belonging to GEICO; the trial court denied GEICO's motion for protective order on the ground that GEICO lacked standing to object to a non-party subpoena. The Third DCA granted certiorari, holding that a party does have standing under Rule 1.280(c) to seek protection from non-party discovery when it claims a personal right or privilege in, or possession of, the documents, and quashed the standing and deposition portions of the order.
Key facts
- GEICO sought a protective order after MSP subpoenaed non-party ISO for GEICO's claims records; the trial court denied the motion, ruling GEICO lacked standing to object to discovery directed at a non-party.
- GEICO appealed by certiorari, claiming it had a personal right and privilege in the documents held by ISO and thus standing to seek protection under Rule 1.280(c).
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Why it matters
Useful authority for defendants facing third-party subpoenas directed to vendors, data processors, or other custodians holding the party's proprietary or privileged material — it confirms standing to move for a… — full analysis with a trial
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