What Can I Do With Information I Receive From PLRB?

Suppose you have submitted a coverage question to PLRB staff. Our staff has sent you a written response with the information you need. Or, perhaps you have found the information you need through your own research of the databases on the PLRB Web site. How may you now use that information?

Member company employees may circulate this information to anyone else who is an employee of your company, or reproduce this material or any portion of it for the exclusive use of the member company’s employees. Any other reproduction or distribution of this material or any portion of it is strictly prohibited.

All information, communications, or opinions provided by PLRB to its members are strictly confidential as set forth in its Confidentiality Policy. Specifically, PLRB does not grant members permission to share any PLRB information, communication, or opinions with their insureds, the insureds’ agents, government officials, or any others outside the member company. Neither will our staff knowingly send or otherwise provide our proprietary information directly to a member insurer’s independent adjuster, independent agent, broker, insured, an insured’s attorney or other representative, or any government official.

This restriction also applies both to information you receive from PLRB staff and to any information members obtain by independently researching PLRB’s Web site or its associated research databases. The written materials on the Web site are also strictly confidential.

However, our Confidentiality Policy allows you and your company to copy or incorporate PLRB content into your own communications as long as you (1) represent the materials as your own and as your own reasoning and (2) do not refer to PLRB as a source or authority for this information or reasoning. Thus, in a letter to your insured on your company’s own stationery you could use portions of what a PLRB staff attorney said to you or your company, or information you or your company finds by researching the PLRB Web site and its associated databases, as long as the letter (or other communication) nowhere contains any reference to PLRB.

A resolution adopted by the PLRB Board of Directors on December 15, 2003, reaffirmed this decades-old PLRB policy, as well as the general confidentiality of all communications members receive from PLRB. That Board Resolution states:

Confidentiality Policy

Bureau Members are required, as a condition of continued membership in the Bureau, to hold all information, including, but not limited to, publications, educational materials, and opinions received from the Bureau, in strict confidence. Every communication from the Bureau is confidential unless it is specifically stated therein that it is not.

 

Bureau Members shall not divulge any information furnished to them by the Bureau to any person who is not an officer or employee of the Member without the specific, written permission of the Bureau. Members shall take all necessary steps to insure that their officers and employees are aware of, and comply with the provisions of this Confidentiality Policy. No Member may furnish information originally received from the Bureau to any organization affiliated with the Member, unless the Member possesses a letter from the Chair, written on authority of resolution of the Board, specifically authorizing the Member to furnish information to such organization.

 

Violation of this Confidentiality Policy shall be grounds for termination of membership in the Bureau or other discipline imposed for “cause” pursuant to the terms of the Bureau’s Bylaws.

 

In other words, while a PLRB member may reproduce or distribute material received from PLRB freely among the staff of the member company, any other reproduction or distribution of any material received from PLRB without the express written consent of PLRB is strictly prohibited. As a practical matter and so that PLRB can help your company control its legal defense costs, as an exception to this general rule, you may also share this information with your retained defense counsel.

Three fundamental reasons exist for the Confidentiality Policy and the restrictions on distribution of PLRB materials and information. First, the Policy and restrictions help protect the value of PLRB membership by limiting access to PLRB’s materials to members.

Second, by prohibiting distribution of PLRB materials to insureds and others who might potentially have interests adverse to members involved in coverage or other disputes, the restriction minimizes the potential exposure of PLRB (and through special assessments authorized by the PLRB Bylaws, PLRB’s insurer members) to the costs which PLRB could incur if PLRB is made a party to coverage or other lawsuits involving members, or if PLRB is forced to testify as a witness or submit to the discovery process in such lawsuits.

Lastly, PLRB seeks to avoid any representation, whether express or implied, that PLRB establishes policy or makes coverage determinations for its membership or any particular member. PLRB does not make coverage decisions for member companies. PLRB does not tell member companies or their employees what to do when handling claims. PLRB provides information that is intended to be unbiased and balanced. While PLRB may express opinions as to which arguments appear stronger or weaker, such opinions are only intended to be informative. Such opinions are not intended to make a coverage decision or establish policy for any member or group of members as to a particular claim or type of claim.

Thanks for your cooperation and continued support. Your company is a valued member of our organization. Despite the need for strict confidentiality of the information we provide you, the continued heavy use of our staff- and Web-based coverage informational resources over several decades strongly attest to the value of this service and the information it provides our members in resolving troublesome coverage issues. PLRB encourages you and others at your insurance company to continue to take full advantage of these services.