Gettysburg 2022 (Matt McClain / Washington Publish)
In Wiseman v. Progressive Paloverde Ins. Co., No. 8:21-cv-02743-TPB-AAS, 2023 WL 2162374, at *1 (M.D. Fla. Feb. 22, 2023) (Sansone, USMJ), non-party witnesses contested subpoenas served upon them in a foul religion case by the plaintiff who sued their shopper within the underlying case.
The subpoenaed nonparties had been protection attorneys within the underlying legal responsibility case. They filed motions to quash or modify subpoenas for his or her depositions and for sure paperwork together with textual content messages exchanged with the insured they had been beforehand defending. A U.S. Justice of the Peace Decide held that attorney-client privilege didn’t apply underneath Florida legislation on this occasion:
Florida courts have persistently held that the plaintiff in a third-party bad-faith motion towards an insurance coverage firm for failure to accept coverage limits is entitled to your entire litigation file of the insured’s counsel from the inception of the lawsuit till the date the judgment was entered within the underlying motion. [Citations omitted.] The courts reasoned that the plaintiff stands in the identical posture because the insured and is, due to this fact, entitled to full discovery. [Citation omitted.] Subsequently, attorney-client privilege doesn’t preclude the requested communications.
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