State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013). · Go Syfert
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State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case · …prohibits insureds from obtaining discovery into an insurer's claims files and claims handling materials until contract/coverage litigation has been concluded at p. 6 ✓
8 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Progressive Select Insurance Company v. Linnette Ampudia and Juan Carlos Moreno Daza (fladistctapp, 2024-09-18)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Progressive Select Insurance Company v. Linnette Ampudia and Juan Carlos Moreno Daza
Fla. Dist. Ct. App. · 2024 · confidence medium
Co. v. Desai, 106 So. 3d 5, 6 (Fla. 3d DCA 2013) (“In seeking certiorari review of the discovery order, State Farm contends Florida law ‘prohibits insureds from obtaining discovery into an insurer's claims files and claims handling materials until contract/coverage litigation has been concluded.’ As State Farm's argument is well taken, we grant the petition for writ of certiorari and quash the discovery order under review.” (quoting Gen.
discussed Cited as authority (rule) STATE FARM FLORIDA INSURANCE COMPANY v. DAVID HILL AND BETTY HILL (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2020 · confidence medium
Co. v. Desai, 106 So. 3d 5, 6 (Fla. 3d DCA 2013) (granting certiorari and quashing “a discovery order requiring State Farm to (1) produce claim manuals and/or guidelines relating to certain policy language and (2) provide a representative to testify as to the claims manual, guidelines, and insurance policy”); Gen.
cited Cited as authority (rule) OWNERS INSURANCE CO. v. JAMES A. ARMOUR, INDIVIDUALLY AND AS TRUSTEE OF THE BAY SHORE RD TRUST
Fla. Dist. Ct. App. · 2020 · confidence medium
Co. v. Desai, 106 So. 3d 5, 6 (Fla. 3d DCA 2013).
examined Cited as authority (rule) Homeowners Choice Property and Casualty Ins. Co. v. Avila (3×)
Fla. Dist. Ct. App. · 2018 · confidence medium
Co. v. Desai, 106 So. 3d 5, 6 (Fla. 3d DCA 2013) (in a declaratory action to determine coverage, the trial court entered a discovery order requiring State Farm to produce claims manuals and/or guidelines relating to certain policy language and to provide a representative to testify as to the claims manual, guidelines, and insurance policy; this court granted certiorari relief and quashed the order, holding that Florida law “prohibits insureds from obtaining discovery into an insurer’s claims files and claims handling materials until contract/coverage litigation has been concluded”). 7 Mo…
discussed Cited as authority (rule) State Farm Mutual Automobile Ins. Co. v. Premier Diagnostic Centers, LLC, Etc.
Fla. Dist. Ct. App. · 2016 · confidence medium
Co. v. Desai, 106 So.3d 5, 6 (Fla. 3d DCA 2013) (cautioning that a trial court departs from the essential requirements of law in permitting discovery of claim file materials, including adjuster’s notes in the claim file, while the coverage litigation has not concluded); State Farm Florida Ins.
Retrieving the full opinion text from the archive…
STATE FARM FLORIDA INSURANCE COMPANY
v.
Roshani DESAI
No. 3D12-2586.
District Court of Appeal of Florida, Third District.
Jan 2, 2013.
106 So. 3d 5
Russo Appellate Firm, P.A., and Elizabeth K. Russo; Chimpoulis Hunter & Lynn, P.A., and Brian C. Hunter, for petitioner., Arnold R. Ginsberg, for respondent.
Rothenberg, Schwartz, Shepherd.
Cited by 5 opinions  |  Published
ROTHENBERG, J.

Roshani Desai filed a declaratory action to determine whether an alleged “plumbing loss” was covered by her homeowners’ insurance policy issued by State Farm Florida Insurance Company (“State Farm”). Prior to a determination as to coverage, the trial court entered a discov[*6] ery order requiring State Farm to (1) produce claim manuals and/or guidelines relating to certain policy language and (2) provide a representative to testify as to the claims manual, guidelines, and insurance policy.

In seeking certiorari review of the discovery order, State Farm contends Florida law “prohibits insureds from obtaining discovery into an insurer’s claims files and claims handling materials until contract/coverage litigation has been concluded.” As State Farm’s argument is well taken, we grant the petition for writ of certiorari and quash the discovery order under review. Gen. Star Indent. Co. v. Atl. Hospitality of Fla., LLC, 93 So.3d 501, 503 (Fla. 3d DCA 2012) (granting certiora-ri and quashing a discovery order because the order prematurely “compels the production of materials concerning the insurer’s business policies and practices before there has been a determination of coverage and the extent of loss”) (emphasis added); see also State Farm Fla. Ins. Co. v. Ramirez, 86 So.3d 1198 (Fla. 3d DCA 2012); Gov’t Emps. Ins. Co. v. Rodriguez, 960 So.2d 794 (Fla. 3d DCA 2007); Liberty Mut. Ins. Co. v. Farm, Inc., 754 So.2d 865 (Fla. 3d DCA 2000).

Petition granted; order quashed.