Audit Materials Protected Work Product, N.Y. Federal Magistrate Judge Rules in Fee Dispute

NEW YORK — Audit materials produced by an auditor retained by AmTrust North America Inc. to review a third-party administrator’s billing practices is protected work product because it was prepared in anticipation of litigation, a New York federal magistrate judge has ruled.

In a June 10 order, Judge James Cott of the U.S. District Court for the Southern District of New York denied Safebuilt Insurance Services’ motion to compel AmTrust to produce the information, further explaining that it is available from other sources.

Under the “Safebuilt Reinsurance Program,” Safebuilt, an entity controlled by David Pike and Philip Salvagio, was to …