Corporate and Institutional Accident Investigations as Work Product Pursuant to the Rules of the Supreme Court of Virginia

If the magnitude of the mishap so warrants, many businesses immediately call their insurance adjuster or other accident investigator. In some of the larger businesses, accident investigation and insurance have become in-house operations. This quick reflex toward early fact investigation is prompted, in part, by a healthy respect for the potentiality of claims arising out of the day to day conduct of business affairs. When a suit against such company ultimately is ified and discovery sought, an issue often arises concerning whether early institutional investigations are work product for purposes of the federal or Virginia rules of civil procedure. This leads to the natural follow-up questions: What is the work product rule? How should it be implemented? This article addresses these two questions as they pertain to Virginia procedure