Appellate Court Lifts Sanction Against Insurer Over Delayed Privilege Log

DAYTONA BEACH, Fla. - A Florida Appeals Court has vacated a lower court order denying work-product privilege claims by an insurer, saying the sanction for delayed filing of a privilege log was 'unduly harsh.' Bankers Security Insurance Co. v. Symons, No. 5D04-1 (Fla. App., 5th Dist.).

Florida's Circuit Court for Brevard County issued the order compelling production, ruling that Bankers Security Insurance Co. waived any claim to privilege by its untimely submission of a privilege log.

The Fifth District Court of Appeal vacated that order on Nov. 19, instructing the lower court to review the submitted privilege log for sufficiency …