Insurer Not Required to Produce Reinsurance Communications, Judge Rules

SEATTLE - An insurer is not required to produce communications with its reinsurers in a declaratory judgment action because the plaintiff failed to show that they are relevant to its bad faith claim, a Washington federal judge has ruled. Isilon Systems Inc. v. Twin City Fire Insurance Co., No. C10-1392 (W.D. Wash.).

On Feb. 16, Judge Marsha J. Pechman of the U.S. District Court for the Western District of Washington explained that only reinsurance policies themselves are discoverable under Federal Rule 26(a)(1)(D), unless a movant can demonstrate that the reinsurance communications are relevant.

Isilon Systems Inc., which filed a declaratory …