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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.

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