In these insurance coverage actions, the Appellate Division unanimously affirmed, with costs, the motion court's exercise of its broad discretion in denying the insurers' motions to compel discovery of the NFL's defense and settlement materials from the underlying action. The cooperation clauses in the insurance policies did not operate as waivers of the NFL's attorney-client and work-product privileges. Neither was there a waiver of the attorney-client privilege merely because the parties had a common interest in the outcome of the underlying actions. Nor did the NFL, by seeking coverage, put its privileged and protected information at issue.
Alterra Am. Ins. Co. v. National Football League, NY Slip Op 00900 (1st Dep't February 11, 2021)
