Berkley Custom Insurance Managers v. York Risk Services Group, Inc.
- Lewis Liman
- 1:18-cv-09297
- U.S. District Court · Southern District of New York
- 3
In Berkley v. York, Judge Liman granted Berkley’s motion to seal two invoices and ordered advance notice for future filings referencing its consultations with counsel.
Berkley and York are directly affected. The order restricts public access to docket entries 54-2 and 54-3 and establishes notice and filing procedures for certain future documents submitted by York.
What happened
Berkley Custom Insurance Managers asked the court to seal two invoices that York Risk Services Group had filed in support of a motion concerning attorney disqualification. Berkley said the invoices contained protected information about its legal advice and had previously been sealed.
The court granted the motion and directed the clerk to seal the two invoices, making them available only to the parties and the court. The court also ordered York to give Berkley two days’ notice before filing documents that refer to Berkley’s consultations with counsel.
Judge Lewis J. Liman issued the order on October 6, 2020. York may ask to unseal documents covered by the order, and Berkley may support a sealing request under the deadlines specified by the court.
The detailed version
- Berkley Custom Insurance Managers v. York Risk Services Group, Inc. · No. 1:18-cv-09297
- Lewis Liman
- Oct. 6, 2020
Background
Berkley moved to seal docket entries 54-2 and 54-3, which it identified as invoices filed by York as an exhibit to a declaration opposing Berkley’s motion to disqualify. Berkley asserted that the invoices concerned legal advice and were protected by attorney-client privilege and work-product protection. Berkley also stated that the same invoices had previously been sealed and that York had filed them again without first notifying Berkley.
The motion described two earlier sealing requests involving documents York filed in connection with a motion to compel. According to Berkley, the court had granted both earlier requests. Berkley argued that allowing the invoices to remain public could prejudice its coverage positions in underlying personal-injury actions and allow other entities to review billing connected to legal advice.
Ruling
The court granted the motion. It directed the clerk to seal docket entries 54-2 and 54-3 so that they would be viewable only by the parties and the court.
The court further ordered that, going forward, York must inform Berkley two days before filing documents that reference the fact or content of any consultation between Berkley and its counsel. If Berkley requests sealing, York must file the documents under seal, and Berkley must file a supporting letter within 24 hours. York may file a response seeking unsealing within 72 hours.
Classification
This is a procedural order because it addresses sealing and access to court filings rather than deciding the underlying dispute. The order does not state that the court ruled on the merits of the motion to disqualify or the parties’ coverage dispute.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.