WA Insurance Commissioner fights Embrace Pet effort to block TCR records request

The Canine Review asks Embrace’s leaders to disclose the dollar amount in legal fees so far that this litigation is costing, a cost ultimately born out by Embrace’s policy holders through higher premiums.

Excerpt from

DEFENDANT WASHINGTON
STATE OFFICE OF THE
INSURANCE COMMISSIONER’S
RESPONSE TO PLAINTIFF’S
MOTION FOR PRELIMINARY
AND PERMANENT INJUNCTION

“Embrace must show that the information it seeks to exempt from disclosure meets the definition of “trade secret” ….. The OIC cannot confirm whether the particular compensation components in Embrace’s Marketing Affiliate Program is the type of information typically kept confidential by other insurance producers. Certain types of compensation information in the regulated insurance
context is required to be disclosed. For example, when an insurance producer receives compensation, such as a commission, from an insurer for each policy sold to consumers, the producer must disclose this compensation in writing to the insured. RCW 48.17.270(3)….Embrace Investigation Response.
B. More Narrow Redactions are More Appropriate for Some of the Records Embrace Seeks to Exclude From Disclosure
Embrace’s Proposed Exemption Log describes certain Embrace Investigation Response documents generally; however, Embrace does not describe how any specific information, i.e. specific words, phrases, or paragraphs, in the Embrace Investigation Response satisfies the definition of trade secrets. Asai Decl., Ex. 6. Embrace redacts the entire contents of certain
documents, except the opening and closing information on the two letters listed on the Proposed….”