eDiscovery provider NightOwl Discovery does a good job on its blog at unearthing odd bits of eDiscovery learning which the rest of us might otherwise miss. The good manners acquired on Twitter (where one uses HT – Hat Tip or Heard Through – to give credit to a source) makes me point to them as my source for an article called Insurers Be Warned, Your Communications Are Discoverable by Elizabeth Kniffen of Zelle Hofmann, a firm with a specialist expertise in eDiscovery and information governance.
The point at issue is the potential for communications between insurance companies and their reinsurers to become discoverable in litigated claims. Confidential, you would say. Read the article to see that it is not necessarily as simple as that.