Posted November 28, 2011
Bad Faith, Discovery, Attorney-Client Privilege
First DCA Finds Corporate Representative's Testimony In Insurance Bad Faith Action That Issue Was Discussed With Counsel Did Not Waive Attorney Client Privilege In Regard To Defense Decisions In The Underlying Action
Teachers Ins. Co. v. Loeb
36 FLW D2545g (Fla. 1st DCA Nov. 22, 2011)
In a bad faith action against Teachers Insurance Company, the insurer's corporate representative testified during deposition regarding a decision in the underlying trial to withdraw a fraud affirmative defense. The representative testified that the issue was discussed with counsel, but did not disclose any specific discussions. The Trial Court granted a motion to compel discovery of attorney-client communications, finding that the insurer had waived the attorney-client privilege. The First DCA granted the insurer's petition for writ of certiorari and quashed the order compelling further information on that issue, finding that testifying generally about discussions does not waive the privilege. Coates v. Akerman, Senterfitt & Eidson, P.A. , 940 So.2d 504, 508 (Fla. 2nd DCA 2006). Since the insurer had not raised the affirmative defense of advice of counsel in the bad faith case, there was no waiver. The court specifically stated, "Petitioner did not waive the attorney-client privilege merely be defending against this lawsuit."
Click on the link below to read the Opinion filed November 22, 2011:
Teachers Insurance Company v. Loeb
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