American Home Assurance Co. v. Cooper
The Relator, American Home Assurance Company, sought mandamus relief from a pretrial discovery order compelling production of an adjuster's investigation file. The underlying case involved workers’ compensation claims filed by Nancy Ann Labbe Walker for her disability and her deceased husband's death benefits. A key dispute centered on the employment status of the Walkers and the responsible compensation carriers: Argonaut Midwest Insurance Company or American Home Assurance Company (Relator). The Relator claimed privilege over the adjuster's file, arguing it was prepared in anticipation of litigation. The appellate court reviewed whether the trial judge abused discretion by ordering discovery and by not conducting an in camera inspection. The court found no abuse of discretion, concluding that the trial court's decision was within its broad discretionary powers and that an in camera inspection was not strictly necessary given the Relator's general claim of privilege. Consequently, the petition for writ of mandamus was denied.