Anticipation of litigation is the trigger for work product protection and the preservation duty, arising when litigation becomes reasonably foreseeable.

Claims investigation work product is the contested category of insurer materials that may be protected as litigation preparation or discoverable as...

Fact work product is factual material gathered in litigation preparation, discoverable on a showing of substantial need.

Opinion work product comprises counsel's mental impressions, conclusions, and legal theories, receiving near-absolute protection.

The ordinary course of business test asks whether a document would have been created regardless of anticipated litigation.

Substantial need is the showing required to obtain fact work product, demonstrating the material is important to the case.

Undue hardship is the second element for obtaining fact work product, showing equivalent material cannot reasonably be obtained elsewhere.

The work product doctrine protects materials prepared in anticipation of litigation from discovery, with near-absolute protection for counsel's mental...