A post in this space on May 23, 2007 addressed the issue of Confidentiality vs. Concealment in or of Settlements of Bad Faith 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. It is unknown at this time whether the settlement agreement purports to address Insurance Coverage Claims, or whether it includes any alleged or potential Bad Faith Claims.
It is also unclear whether discovery could be compelled in a Florida Court, on the ground that Florida law voids as concealment the attempted confidentiality of these settlement agreement provisions contained in a settlement agreement reached in another State such as New York, in this case. Further, what New York law may have to say about "confidentiality" vs. "concealment," if anything, is unknown to this writer. To state the issue is the first step to be prepared for the issue.
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