• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Reinsurance Focus

New reinsurance-related and arbitration developments from Carlton Fields

  • About
    • Events
  • Articles
    • Treaty Tips
    • Special Focus
    • Market
  • Contact
  • Exclusive Content
    • Blog Staff Picks
    • Cat Risks
    • Regulatory Modernization
    • Webinars
  • Subscribe
You are here: Home / Arbitration / Court Decisions / Discovery / STATE COURT HOLDS THAT INSURED IS ENTITLED TO DISCOVERY OF REINSURANCE AGREEMENTS IN DISPUTE WITH INSURERS

STATE COURT HOLDS THAT INSURED IS ENTITLED TO DISCOVERY OF REINSURANCE AGREEMENTS IN DISPUTE WITH INSURERS

September 19, 2013 by Carlton Fields

Plaintiff Mine Safety Appliances (“MSA”) moved to compel discovery from defendant insurers on coal-dust-related claims submitted to the insurers by other, non-party, policyholders as well as the insurers’ agreements and communications with non-party reinsurers about the insurance policies issued to MSA. A special master denied the motion to compel regarding information related to other policyholders’ claims but ordered the production of the reinsurance agreements as to those insurers from whom money damages were sought. The master also ordered that, insofar as any insurer had asserted a late notice defense, it must produce all communications relating to when notice of a claim by MSA was received or communicated to its reinsurers. The Delaware state court rejected arguments from MSA and defendant insurers regarding the propriety of the special master’s ruling and approved it in all respects. Mine Safety Appliances Co. v. AIU Ins. Co., Case No. 10C-07-241 (Del. Super. Ct. June 6, 2013).

This post written by Ben Seessel.

See our disclaimer.

Filed Under: Discovery

Primary Sidebar

Carlton Fields Logo

A blog focused on reinsurance and arbitration law and practice by the attorneys of Carlton Fields.

Focused Topics

Hot Topics

Read the results of Artemis’ latest survey of reinsurance market professionals concerning the state of the market and their intentions for 2019.

Recent Updates

Market (1/27/2019)
Articles (1/2/2019)

See our advanced search tips.

Subscribe

If you would like to receive updates to Reinsurance Focus® by email, visit our Subscription page.
© 2008–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · Disclaimers and Conditions of Use

Reinsurance Focus® is a registered service mark of Carlton Fields. All Rights Reserved.

Please send comments and questions to the Reinsurance Focus Administrators

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions.