Mass. Federal Judge Orders Cedent to Produce Discovery in Reinsurance Billings Dispute

BOSTON — A Massachusetts federal judge has ordered Lamorak Insurance Co. to provide Certain London Market Company Reinsurers (LMR) communications concerning its allocation of reinsurance billings for a 2009 settlement of underlying pollution claims, ruling that the materials are not privileged.

In an Oct. 13 order, Chief Magistrate Judge M. Page Kelley of the U.S. District Court for the District of Massachusetts concluded that the communications are not protected by the attorney-client privilege because the attorney who was a party to the emails was acting as a consultant, rather than in a legal capacity.

Judge Kelley further ruled that because …