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Courtroom and Gavel

Discoverability of Reinsurance Information: Reinsurer Access to Privileged Documents

  • 01/03/2019

In coverage disputes between an insured and an insurer, it is not uncommon for the policyholder to pursue discovery of the insurer’s communications with its reinsurers regarding the claim. Insurers have become increasingly cautious about sharing informa­tion with reinsurers out of a concern that a court will find the communications discoverable or find that cer­tain privileges were waived,1 leading to disputes between reinsurers and cedents over the reinsurer’s right of access to privileged information. This article will explore the historical context, competing interests, and recent developments in this vexing area of the law and offer insight regarding potential pitfalls and best practices for communicating with reinsurers.

Read the entire article using the PDF link below:

ATTORNEYS

Michael J. Steinlage

Reinsurance

LARSON • KING, LLP

30 East Seventh Street, Suite 2800
Saint Paul, MN 55101

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