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IN RE CERTAIN UNDERWRITERS AT LLOYD'S

No. 09-09-00085-CV.

294 S.W.3d 891 (2009)

In re CERTAIN UNDERWRITERS AT LLOYD'S LONDON and Certain London Market Insurance Companies.

Court of Appeals of Texas, Beaumont.

Decided August 27, 2009.

Attorney(s) appearing for the Case

James R. Old, Jr., Kelli B. Smith, Germer Gertz LLP, Beaumont, J. Clifton Hall III, Kent E. Westmoreland, Karen K. Milhollin, Westmoreland Hall, P.C., Houston, for relator.

Kent M. Adams, Adams and Heald PC, Beaumont, Michael Choyke, Thomas C. Wright, Bradley W. Snead, Wright Brown & Close, LLP, Houston, Edmund M. Kneisel, James J. Leonard, Kilpatrick Stockton, LLP, Atlanta, GA, for real parties in interest.

Before GAULTNEY, KREGER, and HORTON, JJ.

OPINION

PER CURIAM.

In this original proceeding, we must determine whether an agent's handwritten notes of conversations are privileged from discovery when the agent was retained on behalf of a party to a lawsuit and the notes reveal the content of conversations with the party's representatives and the party's attorneys. Relators are various insurance carriers ("Underwriters")1 who underwrote a builder's risk insurance policy...

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