Civil Litigation
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Allstate Insurance Company v. Latimer
27 Fla. L. Weekly D1135 (Fla. 3rd DCA, May 24, 2002)
Respondents filed a personal injury suit against the insured. The insurer, Allstate, provided insurance coverage and defense to the parties allegedly at fault. Respondents then issued a subpoena directly to the insurer seeking extensive discovery including a privilege log. Pursuant to Florida Rule of Civil Procedure 1.280(b)(5), the trial court ordered the insurer to produce the requested discovery. However, on appeal, the Third District Court of Appeal found that Fla. R. Civ. P. 1.280(b)(5) applied only to parties to an action. As the insurer was not a party to the litigation and the rule did not apply to non-parties, the insurer could not be made to produce its claim file or prepare a privilege log.
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