This section contains the nature of the case and procedural background.

P was injured in a car accident when she was struck by a drunk driver insured by D. Settlement negotiations were not rewarding and P sued. A settlement of $40,000 was reached, but it gave P the right to sue D for bad faith in its adjusting and settling the claim. P got a jury verdict of $149,115.40. D appealed. D contends that the district court made an error in compelling the production of and admitting into evidence, handwritten memoranda drafted by a State Farm adjuster during litigation. The notes contained a range of values for P’s claim including aggravation, medical expenses, lost earnings, and pain and suffering. It even included loss of course of life and loss of her home. D contends that these memos are protected under Rule 26(b)(3). P also got his motion for attorney fees under Rule 37(c) related to D’s denials of requests for admissions. D also appealed the award of attorney fees.

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