Loukinas v. State Farm Mut. Auto. Ins. Co.

Citations

• 2019 Ohio 3300

Syllabus

APPELLATE REVIEW/CIVIL – DISCOVERY – INSURANCE – JURISDICTION – R.C. 2505.02(B) – PROVISIONAL REMEDY: The trial court's order compelling an insurer to disclose materials allegedly protected as work product and by the attorney-client privilege was a final order under R.C. 2505.02(B)(4) because it would be impossible for the insurer to later obtain a judgment denying the motion to compel disclosure and there is no effective remedy other than an immediate appeal. Where the trial court bifurcated an insured's claim alleging bad faith denial of insurance coverage from the insured's claims for a declaratory judgment and breach of contract in the insured's action against its insurer, the trial court erred by compelling the insurer to disclose materials protected by the work-product doctrine or attorney-client privilege contained in its claims file and compelling the depositions of its representatives about these materials prior to the resolution of the declaratory-judgment and breach-of-contract claims.