DISTRICT COURT ORDERS PRODUCTION OF REINSURANCE AGREEMENT
On a motion to compel, a United States District Court in South Dakota ordered production of a reinsurance agreement entered into between Ability Insurance Company and Ability Reinsurance (Bermuda) Limited. Plaintiffs sought production of the document in connection with their claims for breach of contract, bad faith, fraud, and misrepresentation against several Ability entities related to the scope of coverage under a long-term care insurance policy. The court found the agreement to be relevant to the case because “reinsurance agreements and other agreements between the parties are relevant to the makeup of an insurance company and could lead to the discovery of admissible evidence.” The court stated that any concerns regarding confidentiality should be addressed through protection orders. Burke v. Ability Insurance Company, Case No. CIV. 12-4051 (D.S.D. May 31, 2013).
This post written by Abigail Kortz.
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