In nearly every insurance coverage, bad faith or defense counsel legal malpractice case the insurance company is asked to produce reinsurance information and communications related to the underlying claim. This information is requested for the possibility that the insurance company has revealed something to the reinsurers that might help the policyholder or other counterparty. Whether reinsurance information is ever really helpful is a discussion for another day but what we do see from the courts is a clear trend toward compelling discovery of reinsurance information.
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Courts Continue to Order Production of Reinsurance Information
Parties routinely seek reinsurance information in insurance coverage cases and the courts routinely allow those requests to go forward. Yes, each case is different and each request is different and the reinsurance information may be different as well so drawing a general conclusion is fraught with danger. Nevertheless, two recent cases continue the trend of requiring production of reinsurance information.
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