The Work Product Protection & Insurance

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Avatar Property & Casualty Insurance Company sought a writ of certiorari quashing an order granting a motion by its Insureds, Niulsury S. Flores and Ernesto Valdes, to compel production of documents in the Insureds’ breach of contract action for insurance coverage. Avatar Property & Casualty Insurance Company v. Niulsury S. Flores And Ernesto Valdes, Case No. 2D20-2458, District Court Of Appeal Of Florida Second District (April 16, 2021)

ZALMA OPINION

The work product protection – sometimes erroneously called a “privilege” – allows a party’s lawyer’s work to be protected from disclosure to the adversary. When an insurer disputes the amount of money it owes its insured on a claim coverage is disputed and the work done by the insurer is in anticipation of litigation or by its lawyer in preparation for trial is protected from the adversary. If one side gets to read the preparation and analysis of its opponent any litigation would be unfair.