CERTAIN LONDON MARKET INSURERS ('CLMI') v. ASSOCIATED AVIATION UNDERWRITERS, INC., et al.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CERTAIN LONDON INSURERS ( CLMI ), MARKET NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Petitioners, v. CASE NO. 1D04-1482 ASSOCIATED AVIATION UNDERWRITERS, INC., et al., Respondents. _____________________________/ Opinion filed January 24, 2005. An appeal from Petition for Writ of Certiorari - Original Jurisdiction. Donald Partington, Esq. and Jason W. Peterson, Esq. of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola; Neal M. Glazer, Esq. and Jan H. Duffalo, Esq. of D Amato & Lynch, New York, New York, for Petitioners. J. Nixon Daniel, III, Esq. and Thomas F. Gonzalez, Esq. of Beggs & Lane, Pensacola; Stephen M. Goldman, Esq. of Sands, Anderson, Marks & Miller, P.C., McLean, Virginia for Associated Aviation Underwriters, Inc.; P. Michael Patterson, Esq. of Emmanuel, Sheppard and Condon, Pensacola; Mary L. Barrier, Esq. of Stinson, Morrison, Hecker, LLP, Kansas City, Missouri for Cessna Aircraft Company, for Respondents. PER CURIAM. We grant the petition for a writ of certiorari and quash the trial court s order to the extent that the court expressly found that the opinions of attorney Neal Glazer and D Amato & Lynch regarding the settlement value of the underlying case were not protected by the attorney-client privilege. See S. Bell Tel. & Tel. Co. v. Deason, 632 So. 2d 1377, 1383 (Fla. 1994) (noting that the attorney-client privilege applies to confidential communications made in the rendition of legal services to a client); see also Home Ins. Co. v. Advance Mach. Co., 443 So. 2d 165, 168 (Fla. 1st DCA 1983) (holding that a party s simple allegation in a contribution action that a settlement was reasonable does not take a case out of the general rule that the mere bringing of an action cannot be said to have waived the attorney-client privilege). GRANTED. BENTON, LEWIS and THOMAS, JJ., CONCUR. 2

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