Ex parte Bozeman

In Ex parte Bozeman, 420 So. 2d 89 (Ala. 1982) the plaintiffs' home was damaged by blasting near their house; they filed a claim with their insurer, State Farm Fire and Casualty Company. State Farm offered no payment on that claim. The plaintiffs sued State Farm, alleging a bad-faith refusal to pay on the claim they had made pursuant to their homeowner's policy. The plaintiffs sought discovery from State Farm of three documents, two that were prepared after State Farm had learned that the plaintiffs had retained an attorney and one that was prepared after their action had been filed. The trial court denied the plaintiffs' motion to compel State Farm's production of the three documents. The plaintiffs petitioned this Court for a writ of mandamus compelling the discovery. This Court wrote: "Although we have meager evidence in the record before us, we are able to conclude that the trial court could find that the requested documents were, in fact, prepared in anticipation of litigation." 420 So. 2d at 90.