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U.S. FIDELITY & GUARANTY COMPANY v. EXCESS CASUALTY REINSURANCE ASSOCIATION

1684N, 1684NA, 1684NB, 604517/02

68 A.D.3d 481 (2009)

2009 NY Slip Op 9076

888 N.Y.S.2d 887

UNITED STATES FIDELITY & GUARANTY COMPANY et al., Respondents, v. EXCESS CASUALTY REINSURANCE ASSOCIATION et al., Appellants, et al., Defendants.

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

Decided December 8, 2009.

Our prior decision in American Re-Insurance Co. v United States Fid. & Guar. Co. (40 A.D.3d 486, 492-493 [2007]) held that cedant's waiver of the attorney-client privilege was limited to communications between its officer, James Kleinberg, and Robert Omrod, the in-house lawyer whose advice Kleinberg disclosed at his examination before trial, regarding preparation of cedant's...

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