Court Refuses To Compel Production Of Cedent’s Documents To Reinsurer When Extent Of Cedent’s Obligation To Provide Documents Is At Center Of The Litigation

Carlton Fields

A court has denied a motion to reconsider its decision denying a reinsurer’s (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents in a case in which Travelers is specifically seeking a declaratory judgment that Century’s obligation to pay claims is not preconditioned on its access to Travelers’ documents.

Travelers filed the lawsuit alleging that Century had breached two reinsurance contracts, seeking reimbursement for underlying asbestos-related claims paid by Travelers, and requesting declarations that Travelers is not obligated to provide Century with privileged documents and that Century’s obligation to pay under the contracts is not preconditioned on Traveler’s providing documents to Century. After Travelers refused to produce certain documents requested in discovery, Century moved for leave to file a motion to compel production. The court denied the motion for two reasons. First, it found that the motion was untimely, as it was not filed until four months after Travelers completed its production. Second, the court found “that the documents that Century seeks to obtain by compelling production are effectively what the underlying dispute in this case is about”. On reconsideration, the court found that Century had provided no basis sufficient for the court to alter its earlier decision. Travelers Casualty and Surety Company v. Century Indemnity Co., 3:16-cv-170 (JCH) (D. Conn. Jan. 19, 2017)


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Carlton Fields | Attorney Advertising

Written by:

Carlton Fields

Carlton Fields on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.