'Are Reinsurers Requesting 502(d) Orders? If Not, Should They Be?'

[Editor's note: K. Renee Schimkat is a Professor of Legal Writing and Lecturer in Law at University of Miami School of Law. In addition to teaching legal writing and communication, she teaches an upper-level writing course on Electronic Discovery and has taught courses on insurance law.]

Do reinsurers recognize the benefits of Federal Rule of Evidence 502(d)? In 2012, a Magistrate Judge in the Southern District of New York issued an opinion entering a Rule 502(d) order protecting two non-party reinsurers. The order precluded the disclosure of privileged documents in the case from constituting a waiver of privilege or work …