Title: The Work Product Doctrine: Functional Considerations and the Question of the Insurer's Claim File
Abstract: See note 35.76 This reasoning does not apply to preparation contemplated by the insurer during time periods not pertinent to an allegation of bad faith.During such time periods, the threat of an allegation of bad faith has no deterrent effect and the usual assumption that a sharing rule could discourage preparation is more likely to hold.' This result occurs because the claim is usually one of bad faith denial, for which the insurer's pre-denial investigation is most relevant.See note 35.