Sample Confidentiality Settlement Agreement For Insurance - Free Download
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ABA Section of Litigation Insurance Coverage Litigation Committee CLE Seminar, March 3-5,
2011: Discoverability of Confidential Settlement Agreements in Insurance Coverage Disputes
Discoverability of Confidential
Settlement Agreements in Insurance
Alan P. Jacobus
Carroll, Burdick & McDonough
San Francisco, California
I. Whether Confidential Insurance Coverage Settlement Agreements Are
Discoverable Is a Common Issue.
Any insurance coverage litigator who practices long enough—whether representing policyholders
or insurers—will likely find himself or herself in a situation where the discoverability of a
confidential settlement agreement of an insurance coverage dispute is at issue. The lawyer will
either be advocating for maintaining the confidentiality of a settlement agreement or advocating
for disclosure of the confidential settlement agreement.
In the first situation, the lawyer, on behalf of a client, will have previously settled an
insurance coverage dispute and the parties—policyholder and insurer—included a