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Iowa Decision Underscores the Danger of Sharing Privileged Material with Reinsurers

Last month, a federal court in Iowa handed down a decision holding that neither work product nor attorney-client nor the common interest doctrine shield legal advice and analysis from production in  discovery once it has been shared with a carrier’s reinsurers.  The case – Progressive Cas. Ins. Co. v. F.D.I.C., — F.R.D.— , 2014 WL 4168577, 2014 U.S. Dist. LEXIS 116909 (W.D. Iowa, Aug. 22, 2014) – involved a directors & officers (“D&O”) liability policy rather than a first party property insurance policy, but it nonetheless sounds a cautionary note about the potential consequences of such disclosures. The case arose after the Office of Thrift Supervision closed Vantus Bank and appointed the FDIC as its receiver.  The FDIC then filed

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Posted in Privilege, Reinsurance
About The Property Insurance Law Observer
For more than four decades, Cozen O’Connor has represented all types of property insurers in jurisdictions throughout the United States, and it is dedicated to keeping its clients abreast of developments that impact the insurance industry. The Property Insurance Law Observer will survey court decisions, enacted or proposed legislation, and regulatory activities from all 50 states. We will also include commentary on current issues and developing trends of interest to first-party insurers.
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