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ALLSTATE INSURANCE COMPANY Appellant/Petitioner
vs.
AMERICAN SOUTHERN HOME INSURANCE COMPANY Appellee/Respondent.
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Issues:
Private right of action
Case Summary:
Officials at the Allstate Insurance Company appeal a lower court's order for discovery in an action with another insurance company. Officials at the American Southern Home Insurance Company filed suit against Allstate, asserting that Allstate failed to fulfill a fiduciary obligation to a policy it had underwritten. During the course of proceedings, American Southern filed a motion seeking discovery access to Allstate's records on the policy at issue. Allstate challenged the motion.
Decision of lower jurisdiction:
A trial court judge granted American Southern's motion for discovery. Allstate now petitions for a review of the trial court's order.
Outcome:
Allstate wins. The Florida Court of Appeals granted Allstate's petition and quashed the lower court's order of discovery. The appeals court ruled that existing case law concerning discovery did not apply to the arguments set forth by American Southern.