Prudential Property & Casualty Insurance v. Gerber

A vehicle driven by Keefe collided with a mobile home owned by Gerber. Prudential insured Keefe. Prudential obtained a release from Gerber for “all bodily injury resulting from the accident” for $1,000. Gerber thereafter sued Keefe for negligence and he raised as a defense the release previously given by Gerber.

During the pendency of this action, Gerber sued Prudential claiming that Prudential violated section 626.9521, Florida Statutes, in obtaining the release and violated section 825.102, Florida Statutes, by exploiting the elderly. Gerber moved for discovery of Prudential’s files relating…