Protecting Your Claims Investigation Analysis And Reports-Recent Decision By First DCA

Claims investigations and incident reports are a crucial element for any corporate defendant in tracking potential future claims as well as documenting trends for risk analysis. Opposing attorneys often seek to obtain this information in the hopes it may provide valuable information and first impressions that counsel can then use against the insured in the course of litigation. The First District Court of Appeal recently handed down an excellent decision in which the court not only refused to permit disclosure of an insured's claim investigation but also provides valuable insight to corporate defendants to successfully protect their claims investigation analyses in the future.

In Heartland Express, Inc. v. Torres, 37 Fla. L. Weekly D1503a (Fla. 1^st DCA, June 25, 2012), Plaintiff sued Heartland Express in a negligence action arising from a traffic accident. Plaintiff took the deposition of Heartland's corporate representative, and in the deposition sought