Mass. Appeals Court Upholds Confirmation of Arbitration Award in Access-To-Records Dispute

BOSTON — A Massachusetts appellate court has upheld confirmation of an arbitration award holding that a reinsurance treaty’s access-to-records provision does not encompass privileged documents.

On June 5, the Massachusetts Court of Appeals ruled that clearly established principles of law” require confirmation of the award.

Liberty Mutual and Nationwide entered into a reinsurance treaty in 1972 under which Nationwide, the reinsurer, indemnified Liberty Mutual, the insurer, for a portion of the losses paid on Liberty Mutual's general liability and worker's compensation policies.

The provision of the reinsurance treaty at issue in this appeal concerned Nationwide's right of access to …