arecentfloridacase mayimpacthowdefense attorneyspreparefora Corporaterepresentative deposition .
A recent Florida case may impact how defense attorneys prepare for a Corporate Representative deposition . 1 Set in the world of first party property — the insured sought certiorari review of a discovery order granting a motion for protective order filed by Citizens Property Insurance Corporation (“ Citizens ”). The Third District Court of Appeal granted the petition and quashed the original order .
The discovery order provided that Citizens was allowed to bring the entire claim file into the deposition “ for the purpose of refreshing recollection and to allow for competent testimony ” and doing so would not constitute of waiver of any privilege . Plaintiff ’ s counsel would not be allowed to
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Trial & litigation Section Chair : LaurenHumphries – BuchananIngersoll & Rooneycross examine or question the Corporate Representative on any of the material they reviewed while testifying .
The Third District noted that language of the order was a departure from the essential requirement of the law , which allows both parties the right to see and
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