A unit of Prudential Financial Inc. has agreed to pay $19
million and stop paying contingent commissions on certain lines to settle
allegations of fraud and anti-competitive practices leveled by New York Attorney
General Eliot Spitzer.
Under the settlement announced Tuesday, December 12, group
life insurer Prudential Insurance Co. of America will cease paying contingent
commissions to brokers on group insurance products, including disability, life
and long-term care.
Prudential also agreed to provide full disclosure of broker
compensation to employers and said it would pay restitution of $16.5 million to
policyholders and pay civil penalties totaling $2.5 million.
The settlement ends regulatory probes into Prudential’s
broker compensation practices launched by Spitzer in 2004.
The investigations found that between 1999 and 2005, the
company paid almost $60 million in overrides to brokers on nearly $18 billion in
insurance premiums, Spitzer’s office said.
Additionally, Prudential at times paid some brokers specific
commissions—so-called "single case overrides"—to close a deal or promote future
business.
"On certain occasions Prudential built the cost of these
single case overrides into the premiums," Spitzer’s office said in a
statement.
Among the companies Prudential maintained override agreements
with are: Aon Corp.; Marsh & McLennan Cos.; Universal Life Resources and
Pacific Resources; and USI Holdings Corp., Spitzer said.
In a statement, Newark, New Jersey-based Prudential said,
"This settlement resolves the investigation and is in the best interest of
Prudential and its policyholders."
—Rupal Parekh, Business Insurance