A post in this space on May 23, 2007 addressed the issue of
Confidentiality vs. Concealment in or of Settlements of Insurance
Claims under Florida law. It is reported on May 24, 2007 that
confidentiality provisions are found in a global settlement of
unspecified World Trade Center Insurance Claims resulting from 911: Charles V. Bagli, "Insurers Agree to Pay Billions at Ground Zero," New York Times Online, May 24, 2007.
It is unclear whether these confidentiality provisions apply to things
other than the amount each insurance company participating in the
settlement will pay. The settlement
agreement purports to address Insurance Coverage Claims, it is also reported, but it is not known at this time whether the confidentiality provisions and the settlement itself address other claims or allegations.
Whether and when confidentiality provisions of this or similar settlement agreements are forced into public disclosure in discovery remains to be seen, including under Florida's and similar laws governing disclosure of public hazards.
For a brief discussion of possible disclosure despite confidentiality provisions in settlement agreements including Insurance Bad Faith claims, see Insurance Claims Bad Faith Law Blog, May 24, 2007.
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