Supreme Court of Florida

Peter R. Genovese, M.d., Petitioner v. Provident Life and Accident Insurance Company, Responden — Pariente, J…

November 10, 201174 So. 3d 1064

Summary

Judge Pariente concurs with the majority that the statutory attorney‑client privilege has not been abrogated in first‑party bad‑faith claims, but emphasizes that any claim of privilege must be resolved by an in‑camera inspection to determine whether the materials are privileged or constitute discoverable work‑product. The opinion therefore remands for such an inspection before production of the insurer’s litigation file.