State Farm Florida Insurance Company v. Hill
Homeowners suing State Farm for declaratory relief on water-damage coverage sought a corporate-representative deposition and production of State Farm's protocols, policies and guidelines for complying with section 627.70131(5)(a)'s 90-day pay-or-deny requirement. The Third District granted certiorari and quashed the order denying State Farm a protective order, holding the claims-handling materials were not discoverable in the pending first-party coverage suit.
Key facts
- Homeowners filed suit against State Farm seeking declaratory relief regarding water-damage coverage under their homeowners insurance policy.
- Homeowners sought a corporate-representative deposition and discovery of State Farm's claims-handling protocols, policies, and guidelines for complying with the 90-day pay-or-deny statutory requirement.
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Why it matters
Insurer-side counsel get a clear Third DCA statement that discovery aimed at an insurer's internal compliance protocols for the 90-day pay-or-deny statute (§ 627.70131(5)(a)) is off-limits in a pending first-party… — full analysis with a trial
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