Florida Appellate Court Reverses Order Compelling Insurer To Produce Documents Contained Within Insurer’s Underwriting File

A Florida appellate court held that a trial court departed from the essential requirements of law by compelling an insurer to produce documents contained within its underwriting file. American Integrity Ins. Co. of Fla. v. Venable, No. 1020-727, 46 Fla. L. Weekly D1660a, 2021 WL 3029546 (Fla. 1st DCA, Jul. 19, 2021).

The insureds filed a complaint against the insurer alleging breach of contract for denying coverage and requested “[t]he complete underwriting file with regard to Defendant’s issuance of insurance on the subject risk and all renewals.” The insurer moved for a protective order, which the court granted because it found the request overly broad. The insureds then revised the request to only “inspection reports, photographs or documents related to the condition of the property.” The insurer again objected to the request, claiming privilege, and offered to provide the underwriting file for an in-camera review. The trial court overruled the objection.

The appellate court reversed, holding that a trial court that requires disclosure of claims and underwriting files in an insurance breach-of-contract action “departs from the essential requirements of the law.” As such, the appellate court held that the insurer should have been permitted reasonable time to submit a privilege log to address the subject documents after the objections had been ruled upon. Additionally, the trial court should have permitted the in-camera inspection to review the privileged documents as requested by the insurer in accordance with Florida Rule of Civil Procedure 1.280 (6)(b).