Alterra America Insurance Company et al., Plaintiffs,
v.
National Football League et al., Respondents, and
TIG Insurance Company et al., Appellants, et al., Defendants.
Discover Property & Casualty Company et al., Plaintiffs,
v.
National Football League et al., Respondents, and
TIG Insurance Company et al., Appellants, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 11, 2021.
Decided February 11, 2021.
Attorney(s) appearing for the Case
Kennedys CMK LLP, New York ( Heather E. Simpson and Christopher R. Carroll of counsel), for TIG Insurance Company, The North River Insurance Company, United States Fire Insurance Company, and as liaison counsel for Munich Reinsurance America Inc. and American Guarantee and Liability Insurance Company, appellants.
Mound Cotton Wollan & Greengrass LLP, New York ( Lloyd A. Gura of counsel), for Continental Casualty Company and Continental Insurance Company, appellants.
Hardin Kundla, McKeon & Poletto PA, New York ( George R. Hardin of counsel), for Bedivere Insurance Company formerly known as OneBeacon America Insurance Company, appellant.
Dilworth Paxson LLP, New York ( William E. McGrath, Jr. of counsel), for Munich Reinsurance America, Inc., appellant.
Coughlin Duffy LLP, New York ( Robert W. Muilenburg of counsel), for American Guarantee and Liability Insurance Company, appellant.
Troutman Sanders LLP, New York ( Matthew J. Aaronson of counsel), for XL Insurance America Inc. and XL Select Insurance Company, appellants.
Covington & Burling LLP, New York ( ClÉa P.M. Liquard of counsel) and Covington & Burling LLP, Washington, DC ( Mitchell F. Dolin , of the bar of the District of Columbia, admitted pro hac vice, of counsel), for respondents.
Appellate Division of the Supreme Court of New York, First Department.
In these insurance coverage actions, the motion court providently exercised its broad discretion in denying the insurers' motions to compel discovery of the NFL's defense and settlement materials from the underlying action. The cooperation clauses in the insurance policies did not operate as waivers of the NFL's attorney-client and work-product privileges (see JP Morgan Chase & Co. v Indian Harbor Ins. Co.,98 A.D.3d 18, 25 ...
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