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Brown (P) was insured against fire loss for his businesses with Continental (D). P suffered a fire loss, and the physical damages were paid but a dispute arose over business interruption losses, loss of accounts receivable and loss of valuable papers (loss of earnings claims). These matters were sent to arbitration and P refused to accept the award offered. P then sued D for bad faith and breach of implied covenant of good faith and fair dealing. P served D with a request for production of documents and D objected on grounds that the files requested contained mental impressions, conclusions, and legal theories of the insurer's agents and attorneys and as such were immune from discovery. P moved for an order to compel. The trial court inspected the files in camera and denied the motion to compel. P appealed.

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