Monthly Archives: November 2011

Middle District of Florida Affirms that Insured Not Entitled to Claim File Unless Bad Faith Claim

In Gavin’s Hardware vs. Federated Mutual Insurance (click on case name to view Order), the Middle District of Florida held that an insured is not entitled to production of the claim file, when the action is one of a breach of contract.  Despite the fact that the breach of contract action may lead to a subsequent bad faith claim, the insurance company is still able to withhold the claim file until such time.