In re September 11th Liability Ins. Coverage Cases, 2007 U.S. Dist. LEXIS 43734, at *48-49 (S.D.N.Y. June 18, 2007).
Monetary sanctions were imposed, pursuant to Fed.R.Civ.P. 37(c)(1), against fourth-party Plaintiff Zurich. The Court noted that (1) Zurich had control over the documents and had an obligation to produce them; (2) Zurich failed timely to produce the evidence with ‘a culpable state of mind’; and (3) the untimely produced documents were ‘relevant’ to their claims or defenses.
