APA v. Glens Falls Insurance

The American Plywood Association (APA) 1 seeks to recover about $400,000 in defense costs from its comprehensive general liability carrier, Glens Falls Insurance Company. 2 The trial court granted summary judgment in favor of Glens Falls. We reverse and remand.

The Federal Rules of Civil Procedure were adopted in 1938. Before then, “the equitable bill of discovery was the primary means of discovery . . . .” 3 Since then, jurisdictions have split on “whether modern rules of civil procedure totally supersede the equitable bill of discovery.” 4

The jurisdiction pertinent here is Florida. Its civil…