Fed.R.Evid. 803(6) (emphasis added); see also id. adviso document in anticipation of litigation is not acting in the regular course of business.” Timberlake, 71 F.3d at 342 (citing Palmer v. Hoffman, 318 U.S. 109, 114, 63 S.Ct. 477, 87 L.Ed. 645 (1943); Fed.R.Evid. 803(6) advisory committee’s note); see also Certain Underwriters at Lloyd’s, London v. Sinkovich, 232 F.3d 200, 204 n. 2 (4th Cir.2000) (noting that documents “prepared in view of litigation[ ] are not admissible as business records under Rule 803(6) and illustrate ... that such documents prepared specifically for use in litigation are ‘dripping with motivations to misrepresent’ ”) (citing Hoffman v. Palmer, 129 F.2d 976, 991 (2d Cir.1942)); Noble v. Ala. Dep’t of Envtl. Mgmt., 872 F.2d 361, 366 (11th Cir.1989) (<HOLDING>). Upon a thorough review of the exhibits and
holding that not all of claims file was prepared in anticipation of litigation and noting that the majority of cases that have dealt with the issue of whether investigative materials prepared by insurance claims adjusters is workproduct prepared in anticipation of litigation have held that since insurance companies have a routine duty to investigate accidents such materials are not prepared in anticipation of litigation holding that court erred in admitting letter as business record where testimony was not adequate to establish that the letter was compiled as a matter of regular practice as opposed to one prepared in anticipation of litigation holding that court erred in admitting letters written in anticipation of litigation as business records holding that the workproduct doctrine was inapplicable where there was no indication a memorandum was prepared in anticipation of litigation holding that letters addressing dispute that was subject of litigation and that were written in anticipation of litigation did not fall under business record exception under rule 8036 of the federal rules of evidence and noting that it is wellestablished that one who prepares a document in anticipation of litigation is not acting in the regular course of business