State Farm's Dirty Little Secret Part 2: Florida Circuit Court Releases Written Opinion on Residential Lines Reports Constituting Trade Secrets
Time 2 Minute Read

Last month, I wrote about State Farm's "Dirty Little Secret." After a non-jury trial, Florida's Second Judicial Circuit (Leon County) declared that data submitted by State Farm Florida Insurance Company ("State Farm") to Florida's Office of Insurance Regulation ("OIR"), as required by Fla. Stat. 624.424(10), constituted a "trade secret" under Florida law. The Circuit Court released its written opinion on May 2, 2016.

In the opinion, the Court first explained State Farm's burden for proving that the data contained in its Quarterly Supplemental Report ("QUASR") constitutes a trade secret. State Farm was required to prove by the preponderance of evidence that QUASR: 1) is information; 2) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and 3) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Determining that elements one and three were undisputed, the Court focused on the dispositive issue of whether QUASR data has value. Relying on testimony from State Farm's Vice President of Operations in Marketing, the Court found that the QUASR data has value, and thus meets the definition of a trade secret. The Court also considered OIR's affirmative defense of Latches, finding that OIR failed to prove prejudice caused by State Farm's delay in bringing the action.

Though OIR had argued that keeping the QUASR data confidential was not in the State's best interest, the Court explained that the Legislature had determined that trade secrets should be protected and kept confidential. The Court thus ordered that OIR be permanently enjoined from publicly releasing State Farm's QUASR data.

Neither State Farm's initial complaint nor the Court's opinion address the impact of such a finding on other insurers in Florida or the fact that State Farm may now have a strategic advantage over its competitors as it may still obtain its competitor's publicly filed data while withholding its own. It will be interesting to see if other insurers follow State Farm's lead and seek trade secret protection for their own QUASR data, and, how other Florida courts may analyze the legislature's policy of protecting trade secrets vis-à-vis the state's robust insurance code.

  • Partner

    Andrea helps companies navigate disasters and swiftly recover insurance funds to restore operations with minimal impact to the bottom line. She leads the firm’s cyber insurance practice and serves as a firmwide hiring partner.

You May Also Be Interested In

Time 5 Minute Read

Even Real Housewives need insurance. Real Housewives of Potomac star Wendy Osefo, and her husband Edward, were recently indicted on charges of insurance fraud, among other charges. The housewife’s predicament is a cautionary tale for those with commercial and personal lines of coverage about the investigative tools insurers may use to investigate a suspicious or large insurance claim. In insurance, as in life, honesty is the best “policy.”

Time 7 Minute Read

The insurance claims process can be daunting even under the most ordinary circumstances; a catastrophic series of fires like Southern California is enduring has created extraordinary circumstances.

To help make the insurance part of the recovery process easier and answer some common policyholder questions, we’ve prepared the following guide for navigating the first steps after a wildfire:

Time 3 Minute Read

Los Angeles continues to be devastated by wildfires, and our thoughts are with those who have been affected. Tragically, lives have been lost. Homeowners and businesses ordered to evacuate have left behind properties that suffered enormous property damage and loss. At this time, more than 15,000 structures have been burned and counting. Landmarks, places of worship, schools and notable business are among the structures that have been damaged or destroyed. Recent estimates have pegged insured losses in the $20 billion to $30 billion range with some estimates coming in even higher.

Safety is the number one priority. At some point, though, the focus will shift as the fires seize and those affected rebuild and replace their property. There has already been much talk of insurance availability and maximizing insurance recoveries will be a key component of the recovery process. For those who will go through the insurance claims process, we have prepared critical action items to help policyholders navigate the claim process. We also invite you to visit our Wildfire Insurance Resource Center for additional helpful resources and materials, including a seven-part wildfire insurance coverage series that includes an overview on handling the claims process.

Time 1 Minute Read

Benchmark Litigation has named insurance coverage partners Andrea DeField and Geoffrey Fehling to the publication’s 40 & Under List. Benchmark Litigation is the definitive guide to America’s leading litigation firms and attorneys. The 40 & Under List honors the most notable up-and-coming litigation attorneys in the United States. Those named to the list have proven their eligibility as individuals at the partner level of their respective firms who are 40 years of age or younger.

Search

Subscribe Arrow

Recent Posts

Categories

Tags

Authors

Archives

Jump to Page