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AMERICAN RE-INS. CO. v. U.S.F. & G. CO.

19 A.D.3d 103 (2005)

796 N.Y.S.2d 89

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.

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

June 2, 2005.

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 A.D.2d 249, 250 [2002], appeal after remand 3 A.D.3d 305 [2004]). The so-called "settlement privilege" is inapplicable since the reinsurers seek the...

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