Insurance Rate Secrecy Protected by Court in Key Legal Decision (Claims and Bad Faith Law Blog)

Insurance Rate Secrecy Protected by Court in Key Legal Decision

  Thursday, December 21st, 2023 Source: Claims and Bad Faith Law Blog

The case of Benanav v. Healthy Paws Pet Insurance, LLC, tackled an intriguing issue when the defendant invoked the "filed insurance rate doctrine" as a defense, claiming immunity from civil prosecution. The focal point of the controversy was a spreadsheet, Exhibit E, containing sensitive pricing information. Initially sealed in August 2022, the court reaffirmed this decision in February 2023, applying a "good cause" standard due to the document’s tangential relation to the case’s merits.

Nicholas Gatt’s declaration played a crucial role, emphasizing the competitive sensitivity of the spreadsheet. He argued that its disclosure could unfairly benefit competitors in the pet insurance market, allowing them to undercut pricing strategies. This argument persuaded the court to maintain the seal, protecting the insurers’ confidential business information.

In December 2023, the saga continued as Healthy Paws sought to seal additional documents containing base rate information, extending the confidentiality to information beyond the original spreadsheet. The court agreed, this time focusing on protecting Healthy Paws’ business interests from potential harm by competitors. This move effectively barred public access to the rationale behind the charged insurance rates, raising questions about transparency and the right to access filed rates in insurance litigation.

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