Parties Battle Over Production of Claim Investigation Documents in N.Y. Reinsurance Dispute
June 30, 2023
NEW YORK — Swiss Reinsurance America Corp. is seeking a protective order for documents memorializing communications between its claim professionals involving allocation, legal advice and modeling spreadsheets in a New York federal reinsurance dispute arising from settlement of pollution claims levied against Duke Energy.
In a June 14 motion, the reinsurer refutes arguments by TIG Insurance Co. and Associated Electric and Gas Insurance Services Limited (AEGIS) that the documents, produced by Swiss Re's Key Case Committee, are not privileged because they reflect a routine claim investigation.
“Courts have squarely held that legal advice rendered during claim investigations is privileged,” …
- Chaffetz Lindsey LLP
- Saul Ewing Arnstein & Lehr LLP