Have Some Insurers Lost the Forest for the Trees?

October 01, 2014

The value of confidentiality in settlement negotiations can hardly be disputed. Parties routinely require it, the Federal Rules of Civil Procedure protect it, and it is standard in formal negotiations such as mediations. But in addition to seeking to protect the negotiations themselves and concessions that the parties may have made to reach a resolution, parties also regularly seek to protect the settlement agreements they reach with the other party. Without these confidentiality provisions, significantly fewer lawsuits would settle.

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Gilbert LLP is a Washington-based law firm specializing in litigation and strategic risk management, insurance recovery and complex dispute resolution.