There are lots of cases discussing the production of reinsurance
contracts and reinsurance communications in insurance coverage
disputes. Generally, the answer depends on the specific facts of
the case. Recently, in a coverage case based on headline events, a
New York motion court upheld a referee’s order for production
of both reinsurance contracts and reinsurance communications.
In Discover Property & Casualty
Co. v. National Football League, No. 652933/2012, 2019
N.Y. Misc. LEXIS 5332 (N.Y. Sup. Ct., N.Y. Co. Oct. 4, 2019), a
referee to supervise disclosure under CPLR 3104 in this insurance
coverage dispute issued an order directing the insurers to produce
their reinsurance contracts and communications between the insurers
and their reinsurers about the underlying claim. The underlying
claim is the huge settlement entered into between the NFL and
former NFL players over concussion and other related injuries,
including CTE and MTBI (mild traumatic brain injury). In
