.... When is That Settlement Confidential and Protected,
And When is it Concealment and Void?
There may be an issue under Florida law, whether a settlement of Bad Faith Claims can be kept confidential by the parties as a provision of their settlement agreement, even with a Court's approval. Under Florida Statute Section 69.081(4):
Any portion of an agreement or contract which has the purpose or effect of concealing a public hazard, any information concerning a public hazard, or any information which may be useful to members of the public in protecting themselves from injury which may result from the public hazard, is void, contrary to public policy, and may not be enforced.
A "public hazard" under this statute includes any "person" or "procedure" "that has caused and is likely to cause injury." Fla. Stat. ยง 69.081(1). No Court shall enter an order or judgment, it is provided in this statute, "[e]xcept pursuant to this section," which order or judgment has, among other things, "the purpose or effect of concealing a public hazard" or "of concealing any information which may be useful to members of the public in protecting themselves from injury which may result from the public hazard." Id. (3).
Time and the Courts will tell which settlement of Bad Faith Claims is confidential and protected, and which is concealment and void.
Please Read The Disclaimer.
Update Postscript December 2007:
A comprehensive summary of secrecy settlements and orders is published in "The Assault Upon The Citadel," by James F. Rooks, Jr., 43 Trial 28 (Dec. 2007), which you can link to here, provided by the courtesy of the American Association for Justice which publishes Trial magazine: http://www.justice.org/publications/trial/0712/rooks.aspx.
Please Continue to Read the Disclaimer.
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