In People’s Trust Ins. Co. v. Foster, No. 1D21-845 (Fla. 1st DCA Jan. 26, 2022), a homeowner’s insurance case, the insured requested the underwriting manual, to which the insurer objected to producing. The trial court granted the insured’s motion to compel. On appeal, the 1st DCA noted there was no transcript from the hearing, no privilege log describing the documents, and no evidence the insurer presented its trade-secrets argument to the lower court. The 1st DCA rejected the insurer’s position that discovery of underwriting manuals was categorically prohibited in a breach of contract case unless and until bad faith litigation commences, and found “there is no categorical legal rule prohibiting discovery of underwriting manuals in breach of contract cases, especially if they are relevant.” So, remember — a court reporter, privilege log, and request for in camera review and a detailed order is recommended to establish privilege, trade-secrets, relevancy and to preserve the record! See the full opinion here.