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
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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)

 

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