(Colo. 1982) (noting that strict prima facie case may be impossible at discovery stage). Decisions regarding discovery are best left to the trial court in its reasoned discretion; Standard Tallow Corp. v. Jowdy, 190 Conn. 48, 57, 459 A.2d 503 (1983); and employing the typical prima facie burden shifting could lead to endless minitrials to settle discovery matters in the underlying action. Accordingly, we reject a strict burden shifting approach and instead employ the test adopted by the Court of Appeals for the Second Circuit, which requires a showing of probable cause to believe that the privileged communications were made with the intent to perpetrate a civil fraud and that the communications were made in furtherance of that fraud. See United States v. Zolin, supra, 491 U.S. 563 n.7 (<HOLDING>); Matter of Mendel, 897 P.2d 68, 74 (Alaska
recognizing confusion caused by prima facie language holding that unintended damage to a pipeline caused by the defective coating supplied by insureds subsidiary was caused by an occurrence within the meaning of the liability policy holding that delay caused by or consented to by a defendant is not unreasonable holding that eco nomic injury caused by contractual obligations that stemmed from compliance with a regulation were sufficiently caused by the regulation to support standing holding under the policy language that diminution of market value is not a cause of loss but a measure of a loss caused by something else