A New York appellate court summarily affirmed the denial of the reinsurers’ motion to compel the cedant to disclose attorney-client communications. The court referred to its prior decision, American Re-Insurance Co. v. United States Fid. & Guar. Co., which held that the reinsurers could seek testimony and the production of documents concerning attorney-client communications on the presentation of the reinsurance claim, but only to the extent that the discovery related to disclosures made by one person at a deposition. In the prior decision, the reinsurers argued for a broad subject matter waiver, however, the cedant did not intend to advance an “advice of counsel” defense, and the court thus determined that waiver did not need to be expanded. United States Fid. & Guar. Co. v. Excess Cas. Reins. Assoc., Case No. 2009-09076 (N.Y. App. Div. Dec. 8, 2009).
This post written by Dan Crisp.