Cedent May Not Advance 'Advice of Counsel' Defense, Court Emphasizes

NEW YORK - A New York appellate court has clarified a previous order in which it ruled that the scope of a cedent's waiver of attorney-client and work product privileges for the preparation of a reinsurance bill arising from an asbestos settlement will not be expanded to broad subject matter waiver. American Re-Insurance Co. v. United States Fidelity & Guaranty Co., et al., No. 1684N (N.Y. App. Div., 1st Dept.).

On Dec. 8, the New York Appellate Division, 1st Department, emphasized that the trial court should strictly enforce the cedent's concession that it will not advance the "advice of counsel" …