Baxter Int'l, Inc. v. AXA Versicherung, No. 11-cv-9131, 2017 U.S. Dist. LEXIS 48607 (N.D. Ill. Mar. 30, 2017).

In this indemnification action filed against the cedent, an Illinois federal court addressed several matters related to an insured's ability to discover certain post-litigation communications made between the cedent and its co-insurers and reinsurers. The insured moved to compel the production of, among other things, the cedent's litigation notices and related communications.

The court compelled the production of those communications, accepting the insured's argument that they may contain relevant information, such as admissions relating to the scope of coverage under the policy. Crucially, the cedent argued only that the requested communications were protected work product and did not make a relevancy challenge.

The court rejected the cedent's argument that post-litigation communications are per se work product. The court provisionally permitted the cedent to redact from any documents the amount of its reserves and any information that would allow for the amount of its reserves to be calculated, stating that it was not convinced that the information was discoverable, but noted that it was willing to revisit its ruling.