Homeowners Choice Property & Casualty Insurance Company, Inc. v. Thompson
An insurer sought certiorari review of a discovery order compelling production of portions of its claims and underwriting files in the insureds' first-party hurricane breach-of-contract suit. The First DCA accepted jurisdiction but denied the petition, holding that documents in claims and underwriting files are not categorically work product and that the insurer failed to show they were prepared in anticipation of litigation.
Key facts
- Homeowners Choice, an insurer, sought certiorari review to prevent disclosure of portions of its claims and underwriting files that were requested by insureds in their first-party hurricane breach-of-contract lawsuit.
- The trial court issued a discovery order compelling the insurer to produce documents from its claims and underwriting files; the insurer claimed the documents were protected as work product and proprietary.
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Why it matters
Reinforces People's Trust Insurance Co. v. Foster and gives first-party policyholder counsel a direct citation to defeat insurers' sweeping 'claims file is privileged until bad faith' objections. Practitioners should… — full analysis with a trial
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