Communications with Reinsurers Are Protected by Attorney-Client Privilege/Work Product Doctrine, Nev. Judge Rules

RENO, Nev. — A Nevada federal magistrate judge has held that communications between a risk retention group and its reinsurers are protected by attorney-client privilege and/or work product doctrine because they were clearly prepared in anticipation of litigation.

On Feb. 3, Magistrate Judge Valerie Cooke of the U.S. District Court for the District of Nevada noted that the communications are emails sent after the litigation commenced and discuss the underlying liability lawsuit, coverage issues, reserves, and the budget from outside coverage counsel.

On July 19, 2013, Marc Bordeaux fell asleep at the wheel of his truck and caused the vehicle …