X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The insurance broker representing Century 21 Department Stores in its efforts to regain compensation for millions in damages it sustained to its lower Manhattan store following the Sept. 11, 2001, terror attacks has won a partial attempt to force the insurer overseeing the claim to produce documents it said were privileged. Southern District of New York Judge Robert W. Sweet, in OneBeacon Insurance Co. v. Forman International, 04 Civ. 2271, held that OneBeacon Insurance Co. and its attorneys at Cozen O’Connor failed to prove that the attorney-client or work product privileges should be applied in connection with the documents in dispute. Sweet also held that, because neither OneBeacon nor its counsel selectively withheld documents based on content, the fairness doctrine could not be applied to this case. OneBeacon reached a settlement with Century 21 in March 2003 to pay the store $143 million to fully release claims. The insurer later asserted it overpaid the retailer by $52.4 million because Century 21′s broker, Forman International, improperly agreed on the retailer’s behalf to delete a standard business interruption provision in favor of the business interruption provision proposed by Century 21.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.