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American States Insurance Co. v. Great American Insurance Co.

United States District Court, W.D. Washington, Seattle

March 5, 2018

AMERICAN STATES INSURANCE COMPANY, an Indiana corporation; and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a New Hampshire corporation, Plaintiffs,
v.
GREAT AMERICAN INSURANCE COMPANY, an Ohio corporation, Defendant.

          NOTED ON MOTION CALENDAR MARCH 5, 5018

          John M. Silk, WSBA No. 15035 Lisa C. Neal, WSBA No. 25686 WILSON SMITH COCHRAN DICKERSON Attorney for Plaintiffs

          Leslie E. Barron Timothy B. Fitzgerald, WSBA No. 45103 Leslie E. Barron, WSBA No. 50792 McNaul Ebel Nawrot & Helgren PLLC Attorneys for Defendant

          Michael T. Skoglund Jonathan A. Cipriani Ommid C. Farashahi Bates Carey LLP Attorneys for Defendant

          STIPULATED PROTECTIVE ORDER

          Hon. Robert S. Lasnik, Judge

         1. PURPOSES AND LIMITATIONS

         Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket protection on all disclosures or responses to discovery, the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles, and it does not presumptively entitle parties to file confidential information under seal. All documents and information marked "Confidential" have been maintained in confidence and not disclosed to the public, but rather have been kept private with disclosure only made to those directly interested, in privily, or charged with the activity undertaken.

         2. "CONFIDENTIAL" MATERIAL

         "Confidential" material shall mean the following categories of documents and tangible things produced or otherwise exchanged by the parties in this matter to the extent they are designated as "CONFIDENTIAL" under Section 5.2 below:

• Underwriting files regarding policies issued to non-party Sea Shepherd and containing Sea Shepherd's confidential information, containing Sea Shepherd's financial information and employee information; containing the parties' negotiation information; and containing insurers' trade secrets, rate calculation data, loss reserve information, and information relating to the Parties' business procedures, techniques and other internal practices. These procedures have been developed and refined over the course of many years and the Parties have consistently taken reasonable steps to protect the confidentiality of the procedures and techniques. Further, die underwriting files may contain information relating to other policies that are not relevant to this action.
• Claim files related to the claims against non-party Sea Shepherd and I containing confidential information regarding that non-party's defense of the claims against it. Public disclosure of this information could potentially harm Sea Shepherd in future litigation or claims and, because Sea Shepherd is not a I party to this litigation, it does not have the ability to protect the confidentiality of this information itself. Further, documents and information protected by the attorney-client communications privilege and the work product doctrine are t contained within the claim files related to the claims against non-party Sea, Shepherd.
• Communications with any reinsurer, retrocessionaire, broker or third party administrator regarding the claims against non-party Sea Shepherd, as these; communications likely contain confidential information relating to the defense of Sea Shepherd, relating to loss reserves and negotiations, and relating to other policies that are not relevant to this action. For those reasons, public disclosure could potentially harm Sea Shepherd in future litigation or claims. Again, because Sea Shepherd is not a party to this litigation, it does not have the ability to protect the confidentiality of this information itself. Further, documents and information protected by the attorney-client communications privilege and the work product doctrine are contained within the claim files related to the claims against non-party Sea Shepherd.
• Personal identification information regarding non-party Sea Shepherd employees or affiliates, as disclosure to the public would invade the privacy of third parties.
• Claims manuals or similar documents reflecting claims handling procedures and guidelines, including any documentation regarding loss reserves related to the claims against Sea Shepherd or in general, and further including documentation, screen shots or other information regarding the insurers' databases, claims tracking software or other computer programs, as they are proprietary business trade secrets which the Parties have consistently taken reasonable steps, to protect.
• Training materials, as they are proprietary business trade secrets which the Parties have taken reasonable steps to protect.
• Employee compensation plan information, as these documents are proprietary trade secrets and disclosure to the public would invade the privacy of third parties.
• Personal identification information regarding employees of defendants, as disclosure to the public would invade the privacy of those persons.

         3. SCOPE

         The protections conferred by this agreement cover not only confidential material (as defined above), but also (1) any information copied or extracted from confidential material; (2) all copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony, conversations, or presentations by parties or their counsel that might reveal confidential material.

         However, the protections conferred by this agreement do not cover information that is in the public domain or becomes part of ...


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