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Panel backs bill changing how Department of Insurance treats confidentiality for filings; industry warns of trade-secret risk
Summary
Lawmakers advanced House Bill 248, which would alter the process for determining whether rate filings and insurer submissions are confidential. Supporters said the bill increases transparency; industry representatives argued it risks exposing proprietary actuarial models and could deter firms from entering Louisiana’s market.
Representative Wilder advanced House Bill 248, a proposal to modify how the Department of Insurance treats confidential or proprietary information that insurers file with the department. Wilder said the change is meant to enhance transparency and prevent overbroad confidentiality claims.
The Department of Insurance and industry witnesses opposed the version heard in committee. Commissioner Tim Temple and department legal staff said regulators already have an established process to review insurer confidentiality markings and to push back when filings are incorrectly marked confidential. Insurer witnesses said shifting the decision-making authority and narrowing judicial or administrative safeguards could expose commercially sensitive actuarial models and pricing algorithms to competitors.
Tom Clark of Allstate and Kevin Matthews of State Farm said the bill, as drafted, could give the department discretion to disclose material before an insurer has had meaningful appellate relief. State Farm’s counsel told the committee that once a submission becomes public there is no practical “undo” — and that could harm competitors’ trade secrets and reduce market innovation.
Committee action: The committee adopted a technical amendment and ultimately reported the bill with amendments (roll-call: 14 yeas, 3 nays). Supporters said they will work with industry on an appeal/withdrawal pathway and clarified that the measure is intended to prevent abuse of confidentiality designations rather than to force disclosure in every case.
Ending: The committee advanced the measure with amendments and signaled follow‑up negotiations to preserve legitimate trade‑secret protections while improving public access to non‑confidential rate information.
