Aon said it will be able to take a tax deduction on its $190 million settlement with the New York Attorney General's office and other authorities over alleged contingency fee abuses.
In a 10-K filing last week, the Chicago-based broker said the settlement is considered fully tax deductible and, through a series of accounting principles, it will be reflected on its books as the settlement payments are made.
Aon, which announced the agreement in early March, will make three payments into a fund to be paid to clients whose premiums were included to trigger volume-based contingency fee payments from insurers to the brokerage. Those who opt into the agreement will receive a proportionate share of the settlement. There will be two $76 million payments on Sept. 1, 2005 and 2006, and a $38 million payment on Sept. 1, 2007.
The agreement was reached with New York Attorney General Eliot Spitzer, the attorneys general for Connecticut and Illinois, and insurance and financial regulators in New York and Illinois.
Under the accounting formula detailed in the firm's 10-K filing, Aon noted that the deductions were being taken under the Accounting Principals Board Opinion. The company has not yet discounted the first payment, but has discounted already the payment stream associated with the settlement in its year-end report for 2004.
In making the settlement payments under the agreement, Aon cannot seek indemnity through any insurance policy or other reimbursement.
The firm said it has received subpoenas or requests for information from departments of insurance or attorneys generals in “approximately” 25 states, including those it has reached agreements with. That firm said it continues to cooperate in the investigations.
Aon noted a number of civil suits filed against the broker. Most notable is a nationwide $40 million class-action settlement reached last week at the Federal Circuit Court of Cook County in Illinois, which gave its preliminary approval. The company said it had reserved for the settlement in the fourth quarter of 2004.
There are also a number of other actions pending in state courts in California and Illinois, and in federal courts in Florida, South Carolina and New Jersey, Aon noted.
In February, Aon received a subpoena from the U.S. Department of Labor concerning compensation arrangements related to placement of employee benefit plans. The broker said it is cooperating in the inquiry.
Broker says $190 million to be repaid to clients in Spitzer deal will be fully tax deductible.
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