About two years later, the Beddeses and FAMI settled the Zarates claim for $300,000.00 under the FAMI policy. In November 2003, the Zarates made a claim with FAMI for damages against the Beddeses, and FAMI retained counsel for the Beddeses. At the time of the accident, the apartment was managed by Rentmaster under a Property Management Agreement with the Beddeses. FACTUAL BACKGROUND On April 3, 2003, minor Kiana Zarate fell into a stairwell and suffered injuries at an apartment leased to her parents by the owners, the Beddes family and their partnership. ISSUE The two motions present a single issue: Are certain documents contained in FAMI s claims file discoverable by United Heritage? More specifically, the issue is whether correspondence between FAMI s counsel and its claims adjusters is protected by Memorandum Decision & Order - 1 the attorney client privilege, and whether the notes of FAMI claims adjustor Alice Lloyd are protected by that privilege and the work product doctrine. For the reasons expressed below, the Court will reserve ruling on the motions until it has had an opportunity to conduct an in camera review of the documents. The motions are fully briefed and at issue.
INTRODUCTION The Court has before it a motion to compel filed by plaintiff United Heritage, and a motion to quash subpoena to produce documents filed by defendant Farmers Alliance Mutual Insurance Company (FAMI). FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, a foreign corporation Defendant. 1:CV 10-456-BLW MEMORANDUM DECISION AND ORDER v. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO UNITED HERITAGE PROPERTY AND CASUALTY COMPANY, an Idaho corporation Plaintiff, Case No.
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