NATIONAL UNION FIRE INS. CO. OF PITTSBURGH v. TRANSCANADA ENERGY USA, INC.

11815N, 650515/10, 400759/11.

119 A.D.3d 492 (2014)

990 N.Y.S.2d 510

2014 NY Slip Op 05606

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, et al., Appellants, et al., Plaintiff, v. TRANSCANADA ENERGY USA, INC., et al., Respondents. TC RAVENSWOOD, LLC, Respondent, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, et al., Appellants, et al., Defendants.

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

Decided July 31, 2014.


The motion court properly found that the majority of the documents sought to be withheld are not protected by the attorney-client privilege or the work product doctrine or as materials prepared in anticipation of litigation. Following an in camera review, the court determined that certain documents were privileged because they contained legal advice. As for the remaining documents, the court found that the insurance companies had not met their burden of demonstrating privilege...

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