Ohio AG Probe Eyes Chubb, Others
NU Online News Service, Nov. 4, 4:25 p.m. EST?A probe by the Ohio Attorney General's Office into insurance brokerage fee arrangements with carriers will likely involve more insurers than Chubb Corp., officials in that state said. [@@]
The Chubb Corp. filed a regulatory form with the Securities and Exchange Commission this week acknowledging that it had received an investigative demand from the Ohio Attorney General Jim Petro, who is one of several attorney generals across the country that are scrutinizing brokerage fees.
Chubb is the first insurer with business in Ohio to acknowledge publicly that it is under investigation by the state's attorney general. But interviews with representatives from Ohio Attorney General's office as well as the Ohio Department of Insurance suggest that the scope of the probe in the Buckeye State is expanding and that many other insurance companies and brokers could also become the attorney general's investigative target.
In its Form 8-K filed with the SEC, the Warren, N.J.-headquartered Chubb stated that on Nov. 1, 2004, the company had received an "investigative demand" from the office of Ohio Attorney General Jim Petro, "as part of the Ohio attorney general's investigation into possible violations of the antitrust laws." Chubb went on to say that it "intends to cooperate fully with the inquiry."
Chubb representatives decline to comment on its SEC filing, but the spokesperson for Ohio Attorney General Jim Petro offered some background for its ongoing investigation into insurance practices in the state.
She said the office had decided to look into the insurance industry after learning of the civil action filed by New York Attorney General Eliot Spitzer against Marsh & McLennan Companies and its Marsh Inc. brokerage unit. The suit alleged that insurers paid the brokerage kickbacks disguised as fees and commissions to reward Marsh for arranging for unwitting customers to buy insurance at inflated prices.
"We heard about the Marsh lawsuit in mid-October. And so we've been looking into the industry since then," said Michelle Gatchell, representative for Ohio Attorney General Jim Petro. "I will tell you that we are looking at allegations of bid-rigging and market allocations in Ohio insurance marketplace."
Ms. Gatchell said she cannot go into details about which companies Ohio attorney general is looking at. "We can't talk about anything until we actually file a complaint against a company," she said, but, she added, "Our office is conducting a broad investigation into the insurance industry."
Comments from the Ohio Department of Insurance, which is working closely with the office of Ohio attorney general, also indicate that the investigation into the insurance business in Ohio is broad in scope.
"We have launched an investigation about a week ago, looking at allegations that have surfaced from the New York Attorney General Eliot Spitzer's probe," said Ohio Department of Insurance spokesman Michael Fulwider.
"We are working and sharing information with the Ohio attorney general's office, and we are also participating in an investigation by the National Association of Insurance Commissioners," he said. "What we can say at this point is, we will have an initial focus on the commercial industry and may expand our probe."
In addition to New York and Ohio, state inquiries are underway in California, Connecticut, Florida and New Jersey.
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