indeed it exists under these factual circumstances, is much narrower than the duty imposed where a fiduciary relationship exists, Florida Farm Bureau Mut. Ins. Co. v. Rice, 393 So.2d at 555 n. 5, and does not permit the discovery of the claim and litigation files which were ordered in the instant ease. PETITION GRANTED. BOOTH and JOANOS, JJ., concur. 1 . Simultaneously, the trial court ordered Allstate to provide a complete answer to an interrogatory. Allstate has failed to demonstrate that this portion of the order results in the irremediable injury necessary to merit the exercise of certiora-ri jurisdiction, and its contentions of error are meritless. 2 . These facts distinguish the instant case from North American Van Lines, Inc. v. Lexington Co., 678 So.2d 1325 (Fla. 4th DCA
holding action by judgment creditor of insured against insurer for bad faith failure to settle claim against insured not a direct action within section 1332c proviso holding that insured was not required to suffer an excess judgment before it could sue its excess insurer and primary insurer for bad faith failure to settle where it was alleged the insurers arbitrarily refused to settle and insured was required to pay 1 million in settlement to avoid near certainty of larger judgment that would exceed all available coverage holding that insured may recover attorneys fees from insurer where insurer acts in bad faith holding that excess coverage in four policies was not triggered until primary insurer satisfied the requirements necessary to trigger the excess insurers coverage and paid the full amount of its limits holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict