After five years of being subject to what some publicly argued was an unlevel playing field, state attorneys general relented, agreeing to lift the ban and allowing the three major insurance brokerage firms to collect contingent commissions.

That would not put an end to the controversy in 2010, however, as one broker voluntarily continued the ban, turning its stance into a marketing position. In addition, one state's attempt to mandate tighter regulations over disclosure would be met with protest and a legal challenge.

In early 2010, the attorneys general in New York, Connecticut and Illinois reached agreements with the three major insurance brokerage firms–Marsh & McLennan, Aon Corp. and Willis Group–to lift the ban on contingent commissions imposed on them after former New York Attorney General Eliot Spitzer found evidence of fraud and steering of insurance contracts at one insurance firm and steering of insurance contracts at others.

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