A Delaware Superior Court commissioner dealt a blow to automotive supplier BorgWarner’s attempt to compel compliance with a subpoena seeking production of confidential information from an arbitration proceeding in order to defend itself in an unrelated case in Illinois.
The information included deposition transcripts, testimony and other documents generated in connection with the arbitration that settled several insurance coverage disputes between Owens-Corning Fiberglass Corp., North River Insurance Co. and its other insurers in the late 1980s over asbestos litigation. It has since been held in a trust in Delaware.
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