Public Availability of Filed Documents [27 Pa.B. 2216] Questions have recently arisen regarding the public availability of documents, reports and other materials filed with the Insurance Department for proposed insurance company transactions. This notice advises the insurance industry and other filers of the Department's practices regarding the availability of filed documents.
Filings made with the Department are generally available to policyholders, consumers and the public as of the date of filing. In most cases, the law does not mandate that filings be withheld from public scrutiny pending Department review. Filings that are publicly available include Form A filings made under section 1402 of the Insurance Holding Companies Act, Article XIV of The Insurance Company Law of 1921 (40 P. S. § 991.1402) (Supp. 1996), filings made under Section 205 of the GAA Amendments Act of 1990 (15 P. S. § 21205), and applications made under section 208 of the Insurance Department Act (40 P. S. § 46), for issuance of a certificate of authority.
In some instances, a public filing may include or reference materials which are entitled to confidential treatment under statute, regulation, case law, administrative or court order, or other such authority. For example, the Department declines to release personal information, such as Social Security numbers or home addresses of persons submitting Biographical Affidavits. In addition, documents may be nonpublic because they contain proprietary or privileged information or trade secrets. For example, the Department historically has not released business plans or financial projections which include analyses and underlying assumptions.
If a filer wishes to assert the confidentiality of documents, reports or other materials which are included or referenced within a ''filing,'' the filer should alert the Department to this issue at the time of submission as follows:
* Submit the confidential materials physically separate from the remainder of the filing, submit a redacted version of the materials, or highlight the location of the confidential information in the filing.
* Identify the basis upon which the assertion of confidentiality, privilege or trade secret is premised.
* Identify the person to whom inquiries regarding the issue of confidential treatment should be directed.
Questions on the issue of public access to filed documents may be addressed to the analyst handling the filing or to: Steve Harman, Chief, Company Licensing Division, Insurance Department, 1345 Strawberry Square, Harrisburg, PA 17120.
LINDA S. KAISER,
Insurance Commissioner[Pa.B. Doc. No. 97-706. Filed for public inspection May 2, 1997, 9:00 a.m.]
