Trial court erred by not granting the carrier a reasonable time after it had ruled on the non-privilege objection to provide a privilege log.

After the insurance carrier denied the homeowners’ hurricane water damage claim, the homeowners filed suit. The carrier’s investigator took photographs during a home inspection, and during the litigation, the plaintiffs requested the production of those photographs. Despite the carrier’s objection to production of the photographs pursuant to the work product doctrine and over breadth, the trial court ordered their production because no privilege log had been filed. On appeal, the Second District Court of Appeal held that the trial court erred by not granting the carrier a reasonable time after it had ruled on the non-privilege objection to provide a privilege log.

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