Kesler v. Progressive Select Insurance Company
In a first-party bad faith claim under §624.155(1)(b)1, Progressive deposed the plaintiff's underlying UM attorney and moved to compel testimony about the client's willingness to settle and the attorney's mental impressions, arguing the bad faith filing waived attorney-client and work product privileges. The trial court granted compel without analysis. The Second DCA granted certiorari and quashed the order, holding that filing a bad faith claim does not waive attorney-client privilege, that the insurer bears the burden to prove the insured was unwilling to settle (not vice versa), and that Progressive failed to satisfy the two-prong need-and-undue-hardship standard required to overcome work product protection.
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