Discovery in Reinsurance

Topics:
Insurance
Tags:
Business Operations,
Corporate Insurance,
Discovery,
Insurance,
Reinsurance,
Reinsurance Arbitration
Source:
Day, Berry & Howard

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Overview: For those who believe that reinsurance arbitration is broken, the expense, delay, and demands of arbitral discovery offer strong support. On the other hand, discovery may be indispensable in those reinsurance arbitrations that raise complicated factual issues.1 Given that reinsurance agreements often say nothing about discovery, the parties and the arbitrators have the latitude and the need to fashion procedures best-suited to the particular dispute. The options run from no discovery to comprehensive procedures modeled on the rules that govern complex litigation. This paper explores some of the decision points and topical issues that confront arbitrators and parties in considering discovery in reinsurance arbitration.

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Format: PDF | Size: 116KB | Date: Jan 2005 | Pages: 8


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