AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

AMERICAN RE-INSURANCE COMPANY, Respondent, v. UNITED STATES FIDELITY GUARANTY COMPANY et al., Appellants, and EXCESS CASUALTY REINSURANCE ASSOCIATION et al., Respondents, et al., Defendants.

The court properly ruled that the disputed documents relating to the settlement negotiations are discoverable since they are material and necessary to the reinsurers' defense of the action (CPLR 3101 [a]; see Masterwear Corp. v. Bernard, 298 AD2d 249, 250, appeal after remand 3 AD3d 305). The so-called "settlement privilege" is inapplicable since the reinsurers seek the settlement-related materials for a purpose other than proving USFG's liability in the underlying coverage action ( see CPLR 4547).

The "follow-the-fortunes" doctrine ( see Travelers Cas. Sur. Co. v. Certain Underwriters at Lloyd's of London, 96 NY2d 583, 595-596; see also American Ins. Co. v. North Am. Co. for Prop. Cas. Ins., 697 F2d 79, 81 [2d Cir 1982]) does not bar disclosure since, here, the reinsurers claim, with support in the record, that exceptions to the doctrine apply.

We have considered appellants' remaining arguments and find them unavailing.

Use AI to get other relevant cases.

Comments

AMERICAN RE-INS. CO. v. U.S.F. G. CO
(Jun 2, 2005)