Florida Appellate Court Holds Certain Materials Prepared by Insurer’s Adjuster Are Not Discoverable Absent Showing of Exceptional Circumstances

A Florida appellate court held that certain materials prepared by an insurer’s adjuster, including reports and unredacted photographs, are considered work product and are not discoverable without a showing of exceptional circumstances. Mitchell v. Avatar Prop. & Cas. Ins. Co., 46 Fla. L. Weekly D168a (Fla. 3d DCA January 13, 2021).

The insured filed a claim under a homeowners’ policy. The insurer’s adjuster investigated the claim, met with the insured’s loss consultant, photographed the residence, recorded observations on the photographs and prepared a post-loss report. The insured filed suit during which it sought discovery of documents, including all photographs, adjuster notes and claim reports. The insurer asserted work-product privilege and provided a privilege log. After an in-camera review of the documents, the trial court ordered that the adjuster’s report and unredacted photographs be produced to the insured. The insurer petitioned for certiorari review of the order.

The appellate court granted the petition and quashed the trial court’s order, finding that the materials requested constituted work product. The court held that while trial courts are endowed with broad discretion in ruling on discovery matters, a party may not obtain materials prepared in anticipation of litigation. Here, because liability for coverage was still in dispute, materials within the claim file were irrelevant and not discoverable. The appellate court found that the insured made no showing of exceptional circumstances or undue hardship required to justify compelled disclosure of the materials.