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New Florida Decision Granted Based on Petition for Writ of Certiorari

Florida
September 12, 2019
August 27, 2019
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In Homeowners Choice Property & Casualty Insurance Company v, Mahady, (No.4D19-142) at issue was whether or not an insurance carrier would be compelled to turnover certain documents contained within the underwriting and claims file after claiming those documents were either protected by the work-product privilege and/or the documents were irrelevant. In granting the insurance company’s Petition for Writ of Certiorari the Fourth District Court of Appeals found that “[B]ecause the issues on the Insurer’s liability for coverage and the amount of the policy owner’s damages have not been finally determined, the discovery order in the instant case is a departure from the essential requirements of the law which will result in irreparable harm.”

For more information, please refer to the petition for writ of certiorari.