Reinsurance Company of America, Inc. v. Administratia Asigurarilor de Stat

902 F.2d 1275 (1990)

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Reinsurance Company of America, Inc. v. Administratia Asigurarilor de Stat

United States Court of Appeals for the Seventh Circuit
902 F.2d 1275 (1990)

Facts

Reinsurance Company of America (RCA) (plaintiff), a reinsurer based in Illinois, entered into contracts with Administratia Asigurarilor de Stat (ADAS) (defendant), a Romanian company. RCA filed suit against ADAS for breach of the reinsurance contracts. The district court awarded RCA monetary damages and entered a judgment against ADAS. RCA then served ADAS with post-judgment interrogatories, seeking information about ADAS’s contracts with other companies in the United States, Canada, and the United Kingdom, which RCA believed was necessary to enforce the judgment. The information sought was located in Romania. Under traditional Romanian law, the information was deemed to be state secrets, disclosure of which is subject to criminal penalties. Romania vigorously enforced this strict secrecy rule, but the law was unsettled due to recent changes in that country’s political climate. ADAS objected to the interrogatories, citing the existing Romanian prohibition against the disclosure. RCA motioned the court to compel ADAS to respond. The court denied RCA’s motion to compel on the ground that Romania’s interest in protecting its secrets outweighed any other factor. RCA appealed.

Rule of Law

Issue

Holding and Reasoning (Bauer, C.J.)

Concurrence (Easterbrook, J.)

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