In Wallis v. Centennial Insurance Co., No. 08-cv-2558 (E.D. Cal. Feb. 1, 2013), Magistrate Judge Allison Claire of the Eastern District of California held that the New York Superintendent of Insurance had the authority to assert the attorney-client privilege on behalf of an insurer that was in the process of being liquidated by the Superintendent. In this insurance coverage matter, plaintiff sought coverage for defense costs incurred in underlying litigation, and sought discovery from the insolvent insurers’ former law firm. The Superintendent objected, asserting privilege. Plaintiff argued that, because the insurers had been dissolved, the entities no longer existed and no longer were able to assert privilege. Citing CFTC v. Weintraub, 471 U.S. 343 (1986), the Superintendent argued that he should be treated like a liquidation trustee in bankruptcy, who is deemed to control the debtor’s privileges as the successor to the debtor’s management. The court agreed, holding that entities in liquidation proceedings are “neither formally dissolved nor so completely non-functioning that their attorney-client privilege is extinguished.”