Before the Court is Plaintiffs' Motion to Compel Production of Documents. Wausau responded on October 16, 2000. In accordance with the Court's Order, Wausau submitted a privilege log and copies of the documents for in camera review on October 30, 2000.
Defendant argues that the withheld documents are protected by the attorney-client privilege.
For the reasons that follow, the Court grants in part and denies in part Plaintiffs' Motion. This underlying claim was resolved through arbitration on June 28, 2000. Inc. In Count I, Plaintiffs allege that Defendant Wausau, through its investigators and counsel, acted in bad faith in handling Plaintiffs' claim for underinsured motorist benefits. Finally, Plaintiffs bring Count III against all Defendants for invasion of their right to privacy. Federal Rule of Evidence 501 requires the court to apply state law to determine the applicability of any evidentiary privileges in diversity actions where state law provides the rule of decision for a claim or defense.