FI16115

Request

We are requesting copies of your current property and casualty insurance policies including premium, or a summary document that includes coverage, carrier, limits, deductibles and premium. 

Response

I can confirm that our insurance carrier is Zurich Municipal and the premiums paid are on our website at https://www.dover.gov.uk/Corporate-Information/Financial-Information/Payments-to-Suppliers/2024-25.aspx. The policy limits are also on our website at https://www.dover.gov.uk/Corporate-Information/PDF/Public-Liability-Insurance.pdf. 

The insurance policies themselves are considered commercially sensitive and therefore exempt from disclosure under Section 43(2) of the Freedom of Information Act.  The exemption is engaged because the policies are: 

  • commercial in nature, 
  • are protected by law through the common law of confidence (as they are not trivial and have not been released into the public domain) as well as through the contractual obligations of confidence.
  • The confidentiality is protecting a legitimate economic interest.
  • The confidentiality would be adversely affected by disclosure.  

This exception is subject to the Public Interest Test. This is where public authorities have to consider the balance of the public interest in relation to a request and the subsequent release of information. 

The Public Interest Test in favour of disclosure 

  • A public authority should apply a presumption in favour of disclosure when considering a request for information. 
  • The central public interest in disclosure of this information lies in creating transparency and accountability in the spending of public money and in the financial decisions the Council has made. 

The Public Interest Test against disclosure 

  • Release of the information would adversely affect the legitimate economic interests of the insurance provider by revealing market sensitive information or information that is of potential value to competitors, eg through indicating a way in which the policies have been worded or a commercial position that the insurance provider has taken that is unique to these policies.   This would cause harm to the commercial position of the insurance provider in bidding for other contracts.
  • It is in the strong public interest of the Dover District taxpayers that the insurance provider remain commercially viable businesses, so they are in a position to provide the cover over the period of the contract.
  • There is a strong public interest in commercial confidences being maintained. The likelihood of commercial damage being caused to the insurance provider through a disclosure of information it considers commercially sensitive would adversely affect the relationship between the insurance provider and the Council. 

Summary and conclusion 

There is significant public interest for the public in having the right to know the terms and conditions of the Council’s insurance policies.   However, there is a strong need to protect the legitimate economic interests of the insurance provider while they are bidding for other similar contracts. Release of the information would harm the insurance provider’s competitive position in other procurements and in the market generally. This is not in the interests of the Council, the insurance company, or the public.  On balance it is concluded that the information about the policies themselves should not be released.