GULF INSURANCE COMPANY v. TRANSATLANTIC REINSURANCE COMPANY


13 A.D.3d 278 (2004)

788 N.Y.S.2d 44

GULF INSURANCE COMPANY, Appellant, v. TRANSATLANTIC REINSURANCE COMPANY et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 28, 2004.


This appeal involves the question of whether a standard access to records clause in a contract waives any claim of privilege with respect to those documents. We hold that it does not.

Plaintiff, after issuing a vehicle residual value protection policy to nonparty First Union Corporation, entered into quota reinsurance agreements with defendants and their predecessors. The pertinent provisions of the reinsurance agreements provided that any loss settlement made by...

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