Mary Carter agreement. A contract (usu. a secret one) by which one or more, but not all, codefendants settle with the plaintiff and obtain a release, along with a provision granting them a portion of any recovery from the nonparticipating codefendants. • In a Mary Carter agreement, the participating codefendants agree to remain parties to the lawsuit and, if no recovery is awarded against the nonparticipating codefendants, to pay the plaintiff a settled amount. Such an agreement is void as against public policy in some states but is valid in others if disclosed to the jury.Booth v.
Mary Carter Paint Co., 202 So. 2d 8 (Fla. Dist. Ct. App. 1967). Cf. GALLAGHER AGREEMENT. [Cases: Compromise and Settlement 2.C.J.S. Compromise and Settlement §§ 1–7.]
[Blacks Law 8th]