NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
THE DOCTORS COMPANY, )
)
Petitioner, )
)
v. ) Case No. 2D15-3052
)
JAMES RANDALL THOMAS a/k/a )
Randy Thomas, as Personal )
Representative of the Estate of )
Mildred Thomas, deceased, and as )
Personal Representative of the Estate )
of Lucy Thomas, deceased, and as )
assignee of Kenneth W. Backstrand, )
M.D. and Kenneth W. Backstrand & )
Associates, M.D., P.A.; Kenneth W. )
Backstrand, M.D. and Kenneth W. )
Backstrand and Associates, M.D., P.A., )
)
Respondents. )
)
Opinion filed February 5, 2016.
Petition for Writ of Certiorari to the
Circuit Court for Lee County; James R.
Thompson, Senior Judge.
Shelley H. Leinicke of Wicker, Smith,
O'Hara, McCoy & Ford, P.A., Ft.
Lauderdale, for Petitioner.
Roy D. Wasson and Annabel C.
Majewski of Wasson & Associates,
Chartered, Miami, for Respondent James
Randall Thomas.
No appearance for remaining Respondents.
CRENSHAW, Judge.
The Doctors Company petitions this court for a writ of certiorari to review a
discovery order that denies its motion for protective order and compels the production of
The Doctors Company's claims file and other investigative documents prior to any
insurance coverage determination. Because the trial court's order directs The Doctors
Company to turn over protected materials before any coverage determination has been
made, we grant the petition and quash the order.
This now consolidated lawsuit originated as a declaratory judgment action
wherein The Doctors Company sought a declaration concerning its obligations under an
insurance policy issued to an insured after the insured entered into an unauthorized
settlement with a tort claimant. James Randall Thomas, the personal representative of
the estate of the original tort claimant, subsequently filed an action asserting various
claims against The Doctors Company including claims for both statutory and common-
law bad faith. After the actions were consolidated, Thomas sought discovery of
information related to The Doctors Company's claims materials while the declaratory
action remained pending.
We agree with The Doctors Company that the order compelling disclosure
of its claims file and other related materials prior to any coverage determination departs
from the essential requirements of the law. See e.g., Zirkelbach Constr., Inc. v. Rajan,
93 So. 3d 1124, 1127 (Fla. 2d DCA 2012) ("[A]n order compelling production of an
insurer's claim file when the issue of coverage is unresolved has been held to constitute
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a departure from the essential requirements of law for which certiorari relief is
appropriate."); Balboa Ins. Co. v. Vanscooter, 526 So. 2d 779, 779 (Fla. 2d DCA 1988);
Scottsdale Ins. Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos,
Inc., 813 So. 2d 250, 251 (Fla. 3d DCA 2002). Such premature disclosure results in
irreparable harm that cannot be remedied on plenary appeal. See e.g., Old Republic
Nat'l. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818, 820 (Fla. 5th DCA
2003). Accordingly, we grant the petition for certiorari and quash the order under
review.
Petition granted; order quashed.
KELLY and KHOUZAM, JJ., Concur.
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