UPDATE: Regulators May Ease Insur Broker Commission Rules
18 September 2009 - 10:04PM
Dow Jones News
The biggest insurance brokers are in negotiations with
regulators to reinstate a type of commission banned due to
conflict-of-interest concerns.
Regulators are conducting negotiations to revise, or even lift,
the 2005 ban on so-called contingent commissions for the three
largest brokers. Contingent commissions are paid by insurers to
brokers and are based factors such as how much business a broker
brings to an insurer and how profitable it is.
"We are sensitive to the need for a level playing field, so
companies are treated equally," Connecticut Attorney General
Richard Blumenthal said in an interview on Thursday.
Blumenthal was one of the lawmakers involved in an
investigation, spearheaded by then New York Attorney General Eliot
Spitzer, that led to the ban on the commissions for Aon Corp.
(AOC), Marsh & McLennan Cos. (MMC), and Willis Group Holdings
Ltd. (WSH).
Spitzer's investigation alleged that some Marsh brokers were
rigging bidding to favor certain insurers. Spitzer alleged that
this was done to steer business to insurers that paid Marsh big
"contingent commissions" payments common in the industry.
Since the ban was instituted, brokers have called for rules that
are consistent for all brokers.
Arthur J. Gallagher & Co. (AJG), the fourth largest broker,
has succeeded in negotiating an end to its own ban on contingent
commissions in October. On a conference call earlier this month, J.
Patrick Gallagher, chairman, president and chief executive of
Arthur J. Gallagher, described a four-year slog of meetings with
staffers of Illinois Attorney General Lisa Madigan over the
ban.
"Over the last four years I have been here so often," Gallagher
said, "the hostage effect has taken over, we like each other."
Blumenthal said discussions are taking place among himself, the
attorneys general of New York and Illinois, regulators and the
brokers, over "various options under consideration that level the
playing field." Blumenthal predicted a resolution before the end of
the year, and said, "We are mindful of the need to protect consumer
interests."
Arthur Gallagher estimated that contingent commissions will add
$10 million to its annual revenue by 2011. Barclays Capital analyst
Jay Gelb estimated in a note Tuesday that the commissions could add
an additional $254 million in annual revenue for Marsh, $51 million
for Aon, and $40 million for Willis.
Even with the change, brokers probably won't collect as much as
they used to from contingent commissions, Gelb said, in part
because customers may resist paying the fees.
Marsh collected $845 million in contingent commissions in 2003,
out of $11.6 billion in revenue that year.
One step toward relaxing the ban on contingent commissions is a
proposal for new commission disclosure rules by the New York State
Insurance Department, industry groups say.
Insurance brokers would be required to tell customers whether
they represent the purchaser or the insurer in the sale and whether
they receive commissions; buyers can request more information.
The Risk and Insurance Management Society, which represents
insurance buyers, is generally against contingency fees, and has
criticized the move toward transparency rules as being too little
to protect customers. "If the broker doesn't have to disclose this
information," said Terry Fleming, vice president and director of
finance at the society, "then the buyer doesn't get all the
information."
Trading was mixed on brokers Friday afternoon, with Marsh &
McLennan up 4 cents to $23.86, Willis up 5 cents to $28.13, Arthur
Gallagher down 8 cents to $24.18, and Aon down 5 cents to
$41.73.
-By Lavonne Kuykendall, Dow Jones Newswires; (312) 750-4141;
lavonne.kuykendall@dowjones.com