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Reinsurance Work-Product Doctrine

Carlton Fields

Discovery Opinions Show Limits Of Privilege And Broad Standard Of Relevance

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Three recent opinions issued by courts highlight the scope and limitations of a party’s right to discovery of reinsurance, reserve and allegedly privileged information in insurance coverage disputes....more

Carlton Fields

New York Federal Court Holds That Audit Firm’s Review Of TPA Is Attorney Work Product

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In a case upon which we have reported on January 6, 2016, and November 24, 2015, a New York federal district court held that the work of an audit firm hired to review the billing practices of a third-party administrator...more

Carlton Fields

Court Provides Refresher On Discovery In Bad-Faith Litigation Where Reinsurers Are Involved

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A Nevada federal district court provides a primer on discovery rules relating to bad faith claims and reinsurers. The case involved a bad-faith claim between OOIDA Risk Retention Group, Inc. and an individual insured. When...more

Carlton Fields

Is It Still Privileged? An Insurer’s Disclosure Of Information To Its Reinsurers And Brokers Waives Privilege … Sometimes.

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A federal district court recently held that an insurer waived any claim of attorney-client or work product privilege when it disclosed otherwise potentially privileged information to its reinsurers and to its broker. In doing...more

Cozen O'Connor

Iowa Decision Underscores the Danger of Sharing Privileged Material with Reinsurers

Cozen O'Connor on

Last month, a federal court in Iowa handed down a decision holding that neither work product nor attorney-client nor the common interest doctrine shield legal advice and analysis from production in discovery once it has been...more

Carlton Fields

Court Rejects Claims Of Privilege, Work Product, And The Common Interest Doctrine To Reinsurance Information

Carlton Fields on

In a discovery dispute between insurer Progressive and the FDIC, as receiver of the insured bank, a federal district court has rejected all claims of attorney-client privilege and work product protection to reinsurance...more

Carlton Fields

Court Allows Third Party Discovery Of Broker Materials Claimed To Be Privileged

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Defendant liability insurers sought discovery from Third Party Aon relating to a dispute between defendants and plaintiff regarding an umbrella coverage program. Aon provided some, but not all responsive documents, citing...more

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