Civil Litigation
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TIG Insurance Corp. v. Johnson
26 Fla. L. Weekly D2493 (Fla. 4th DCA Oct. 17, 2001)
The court held that Rule 1.280(b)(5), requires the submission of a privilege log which the insurance carrier failed to prepare. The appellate court noted that it was unable to determine from the record whether the trial court compelled production because it had concluded that letters between the insurer and its lawyer were not privileged, or whether it found a waiver. Because the trial court did not have the benefit of specific descriptions of the documents, i.e., a privilege log, the appellate court assumed that the trial court found a waiver. On the specific facts before the court, the appellate court concluded that the insurance carrier had not demonstrated that the trial court
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