Discovery of Insurance Reserves, Reinsurance, and "Other Claims" Files in Coverage and Bad Faith Litigation
Navigating Relevancy, Privilege and Work Product, Burdensome Objections: Policyholder and Insurer Perspectives
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide insurance counsel with an understanding of the evolving case law regarding the discovery of reinsurance, reserve information, and “other claims” files in the context of coverage or bad faith litigation between a policyholder and its insurance carrier. The program will discuss the issues from the perspective of both policyholders making the discovery requests and insurers seeking to protect the information and documents from discovery.
Outline
- Discovery information and files sought
- Reserve information
- Reinsurance information
- “Other claims” files
- Objections: making and opposing
- Relevancy
- Confidentiality, privilege and work product objections
- Burdensome
- Usage in coverage vs. bad faith litigation
Benefits
The panel will review these and other key issues:
- The scope of evidence regarding insurance claims reserves that is discoverable and how to best limit or best manage discovery of this information
- Relevancy of reinsurance information in coverage and bad faith litigation
- Scope and relevancy of “other claims” files in coverage disputes
Faculty
Fiona Chaney
Partner
Liner
Ms. Chaney represents policyholders in disputes with insurers for a wide variety of policies, including commercial... | Read More
Ms. Chaney represents policyholders in disputes with insurers for a wide variety of policies, including commercial liability, directors & officers, property, employment practices, business interruption, and media liability. She has handled insurance coverage matters for property damage; business interruption and extra expense claims; environmental and pollution losses; employment, discrimination, and harassment claims; entertainment industry liabilities; professional liabilities; advertising injuries; antitrust; unfair competition; and mass tort claims.
CloseRoyce F. Cohen
Partner
Tressler
Ms. Cohen focuses her practice on insurance and reinsurance arbitration and litigation. She represents both cedents and... | Read More
Ms. Cohen focuses her practice on insurance and reinsurance arbitration and litigation. She represents both cedents and reinsurers in a variety of matters, including comprehensive general liability, excess and umbrella liability, workers’ compensation, asbestos, environmental and property/casualty insurance. These matters include misrepresentations in connection with the placement of reinsurance, disputes as to the coverage provided by treaties and policies, standards of accountability of cedents as fronting companies, standards of conduct applicable to ceding companies in their dealings with reinsurers, and disputes involving program managers.
CloseLewis E. Hassett
Partner
Morris Manning & Martin
Mr. Hassett is Co-Chair of the firm’s Insurance and Reinsurance Practice and brings over 35 years of business... | Read More
Mr. Hassett is Co-Chair of the firm’s Insurance and Reinsurance Practice and brings over 35 years of business counseling, litigation and arbitration experience in insurance and reinsurance matters. His practice includes reinsurance disputes and arbitrations, coverage disputes, allocation disputes, sales disputes, class actions, regulatory actions, agency matters, investment disputes, business torts, RICO claims, and insurer insolvencies. Mr. Hassett is a frequent speaker on insurance and reinsurance matters and has served on the faculty at training seminars for reinsurance arbitrators organized by ARIAS-US.
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