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Florida Third DCA quashes non-party subpoena, finds that defendant Geico has standing to object on privilege grounds to disclosure by third-party company of data identified by contract as Geico’s proprietary confidential data not subject to disclosure to third persons

On March 3, 2021, in Geico Casualty Company, et al, v. MSP Recovery Claims, et al., No. 3D20-1506, the Florida Third DCA granted a petition by Geico Casualty Company to quash a non-party subpoena that had been issued to another company, Insurance Services Office, Inc. (ISO), on the grounds that the third-party subpoena sought documents that were owned by Geico and were protected by attorney-client and work product privileges. The subpoena was issued in a declaratory judgment action filed by MSP Recovery Claims seeking a declaration that it is entitled to recover from Geico payments allegedly made by MSP’s assignors that should have been made by Geico, the PIP insurer for the assignors’ insureds. Geico argued that it had standing to object to the non-party discovery sought by MSP because a Master Agreement between Geico and ISO governed the date sought, stated it was Geico’s proprietary confidential data, and precluded disclosure of the data without Geico’s consent. The Third DCA agreed, noting that Florida Rule of Civil Procedure 1.280(c) “generally authorizes a party to seek protection from a discovery request made to a non-party in an action where the items sought belong to the party,” quoting from its previous decision in Ross Dress for Less Virginia, Inc. v. Castro, 134 So. 3d 511, 517 n.5 (Fla. 3d DCA 2014).