Aircraft Holdings, LLC vs. XL Specialty Insurance Company
Year 2005
Court Florida Supreme Court
Case Number SC06-1303
Issue
  • Attorney Client Privilege
State
  • Florida

In a first-party action brought pursuant to Section 624.155, the attorney-client privilege does not bar production of attorney-client communications generated during the claim investigation and underlying coverage action which are relevant to the issue of whether the company evaluated the claim in good faith. Attorney-client privilege cannot act as a shield for insurer’s bad faith conduct.

Related Docs
Author UP's brief was written pro bono by Brenton N. Ver Ploeg, Esq., R. Hugh Lumpkin, Esq., Jason S. Mazer, Esq. and Christine A. Gudaitis, Esq. of Ver Ploeg & Lumpkin, PA
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In its amicus curiae brief, UP weighs in on the issues of an insurer’s duty to defend and the ability of an insurance company to obtain the privileged information of its insured under the guise of the common interest doctrine. UP argues that when an…
Aircraft Holdings, LLC vs. XL Specialty Insurance Company
Year: 2005
Court: Florida Supreme Court
Case Number: SC06-1303
Issue:
  • Attorney Client Privilege
State:
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In a first-party action brought pursuant to Section 624.155, the attorney-client privilege does not bar production of attorney-client communications generated during the claim investigation and underlying coverage action which are relevant to the issue of whether the company evaluated the claim in good faith. Attorney-client…
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Issue:
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