Henry Enterprises, Inc. v. Smith

The opinion of the court was delivered by

Miller, J.:

Are statements of witnesses, taken routinely by adjusters or investigators for insurance carriers upon receipt of claims or knowledge of potential claims under the policy, discoverable under K.S.A. 60-226(¿>)(l), or are such statements “prepared in anticipation of litigation or for trial” and thus discoverable only upon a showing of “substantial need” or “undue hardship” under K.S.A. 60-226(fe)(3)? That is the issue before us in this mandamus action. The factual background and the history of this litigation are necessary to an understanding…