Thomas J. and Bonnie F. Ratke - Page 14




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               The Supreme Court, however, has so far declined to                     
               decide whether opinion work product is absolutely                      
               protected from discovery.  Id. at 401, 101 S.Ct. at                    
               688.                                                                   
                        *     *     *     *     *     *     *                         
                    We agree with the several courts and commentators                 
               that have concluded that opinion work product may be                   
               discovered and admitted when mental impressions are at                 
               issue in a case and the need for the material is                       
               compelling. * * *                                                      
                    Both elements are met here.  In a bad faith                       
               insurance claim settlement case, the “strategy, mental                 
               impressions and opinion of [the insurer’s] agents                      
               concerning the handling of the claim are directly at                   
               issue”. * * * Further, Holmgren’s need for the exhibits                
               was compelling. * * *                                                  
          See generally Wright, Miller & Marcus, sec. 2026.                           
               Petitioners contend that our Rule 91(a)(1)8 “requires                  
          Respondent to provide Ms. Welhaf’s Memorandum in its entirety so            


               8 Rule 91(a)(1) provides, in pertinent part, as follows:               
               RULE 91.  STIPULATIONS FOR TRIAL                                       
                    (a) Stipulations Required: (1) General:  The                      
               parties are required to stipulate, to the fullest                      
               extent to which complete or qualified agreement can or                 
               fairly should be reached, all matters not privileged                   
               which are relevant to the pending case, regardless of                  
               whether such matters involve fact or opinion or the                    
               application of law to fact.  Included in matters                       
               required to be stipulated are all facts, all documents                 
               and papers or contents or aspects thereof, and all                     
               evidence which fairly should not be in dispute. * * *                  
               The requirement of stipulation applies under this Rule                 
               without regard to where the burden of proof may lie                    
               with respect to the matters involved.  Documents or                    
               papers or other exhibits annexed to or filed with the                  
               stipulation shall be considered to be part of the                      
               stipulation.                                                           






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