State ex rel. Shelter Mut. Ins. Co. v. Wagner

Brennan argues that the documents at issue are not subject to attorney-client privilege. First, he claims any privilege was impliedly waived by the deposition testimony of Shelter employee and corporate representative Connie Morley. Second, he says privilege does not apply because the requested documents were created in the ordinary course of business. Third, Brennan says the documents are not privileged because, as part of the claims file, they are Brennan's property. Finally, he asserts that the documents *481are not attorney work product and are thus not privileged.

Waiver

"Although the…