• Access Clause Does Not Trump Attorney-Client Privilege
  • April 10, 2007 | Author: Jessica F. Pardi
  • Law Firm: Morris, Manning & Martin, LLP - Atlanta Office
  • Most, if not all, reinsurance agreements contain what is commonly referred to as an "access clause," wherein reinsurers are granted the right to inspect an insurer's records. On December 28, 2004, the Supreme Court of New York County, an appellate court, held that access clauses, "no matter how broadly phrased, are not intended to act as a per se waiver of the attorney-client or attorney work product privileges." Gulf Ins. Co. v. TransAmerica Reins. Co., 2004 N.Y. Slip Op. 09683 (December 28, 2004). The Court explicitly stated that any other holding "would render these privileges meaningless."