Pet insurer Embrace sues TCR and regulators to keep marketing tactics secret


Embrace filed a motion today to preclude TCR from obtaining records we requested from the Washington Office of the Insurance Commissioner, which Embrace says are exempt from disclosure because the records contain trade secrets. 

“In October 2021, in response to OIC’s inquiry and pursuant to Washington law, Embrace submitted written answers and documents to OIC (the “Embrace File”) containing confidential information about its Marketing Affiliate Program, including details regarding the design, the negotiated partner fees, the participants, the associated revenues, and the contractual partner terms of the program. Embrace’s disclosures specifically included business and financial data related to the relative success of each affiliate partner with regard to the program, as measured by the number of Embrace customers who were referred to Embrace’s website through a specific partner and who ultimately purchased policies from Embrace.”

TCR files public records requests with insurance regulators on a recurring and routine basis as a way of monitoring the pet insurers we cover. 

In September 2022, for example, we requested the following records from the OIC: 

  • Any/all available public records in your office’s possession on Walmart, Nationwide (pet insurance), or Nationwide affiliates between October 1, 2020 through present — such as complaints, supporting documents, email correspondences between these firms and OIC, etc.
  • Same request for Trupanion or American Pet Insurance Company (APIC).    Records 10/1/2020 to present
  • Same request for PetPartners/IAIC or “AKC Pet Insurance.” Records 10/1/2020 to present
  • Same request for Embrace / American Modern Insurance Group Records 10/1/2020 to present
  • Same request for Healthy Paws/ACE American Insurance Company, Westchester Fire Insurance Company, Indemnity Insurance Company of North America  Records 10/1/2020 to present


Below, please find the documents we received today from Embrace’s attorneys: