When will settlement privilege be lifted?

A detailed analysis of the case law considering when settlement privilege will be lifted is found in Meyers v. Dunphy 2007 NLCA 1, paragraphs 12 - 27. In that case there was an extensive disclaimer on most of the correspondence that said that the correspondence was “without prejudice and is not to be taken as acknowledging or confirming any cause of action your client may have against our insured for the purposes of extending the applicable limitation period.” At issue in that case was whether correspondence otherwise protected by settlement privilege should be admitted to respond to a limitations plea.