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Expert Analysis

Policyholders Should Reach For Reinsurance Documents

Law360, New York (March 23, 2015, 12:45 PM EDT) -- Policyholders should seek production of reinsurance-related documents during discovery as they might provide valuable information about the timing of when the insurer actually received notice and the insurer's frank and honest evaluation of the claim. Contradictions in communications between an insurer and its reinsurer, as compared to the positions asserted by an insurer in litigation, can be used to prove both the existence of coverage for a disputed claim as well as the insurer's bad faith in denying that claim....

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