Editor's Note: This release comes from the Illinois Department of Insurance Web site.
PRUDENTIAL SETTLEMENT REACHED IN IL
July 9, 1996 -- SPRINGFIELD, IL -- Director of Insurance Mark Boozell announced
today that Prudential Insurance Company of America will pay a $2.3
million civil forfeiture in Illinois--the state's share of the record
$35 million nationwide fine imposed on the New Jersey based insurance
company for marketing abuses. The fine is part of a stipulation and
consent order Boozell issued on July 5, 1996, in response to the
findings of the market conduct examination conducted by a Multi-state
Task Force headed by the New Jersey Insurance Department. Illinois
was a member of that Task Force and has officially adopted its report.
Boozell said Illinois originally initiated its own market conduct
examination of Prudential's sales practices, but preliminary findings
so closely mirrored those of the Task Force that he opted to join the
Multi-state group rather than duplicate its efforts and issue a
separate report. "We concluded that policyholder interests would be
better served utilizing the combined resources of the 30 participating
states," he said.
State insurance regulators have charged the company with
widespread sales violations ranging from agent misrepresentation to
illegal replacement of coverage. The report also faults company
management for its failure to responsibly police and discipline its
agents.
"Although the Prudential fine is the highest ever assessed, both
in Illinois and nationally, the focus of our settlement agreement is
restitution to policyholders," Boozell said. "During the course of
our own investigation and through our participation in the Task Force,
our goal has always been to protect the interests of the estimated
749,000 Illinois citizens who may have been financially harmed by
Prudential's sales practices. The remediation program outlined in the
Task Force report and adopted in our order ensures that all
policyholders will be treated fairly," he said.
Prudential clients who purchased the approximately 10.7 million
permanent life insurance policies sold between January 1, 1982, and
December 31, 1995, will receive an explanation of the remediation
program directly from the company. Those who choose to participate
will be instructed on how to submit their sales-related claims for
review and will have multiple opportunities throughout the process to
appeal the findings. Options ultimately available to consumers who
have been harmed will include full premium refunds, continued coverage
with no additional premiums due, partial premium refunds, and the
opportunity to obtain additional life insurance or annuities enhanced
by the amount that would normally be allocated to agent commissions.
"Illinois intends to be closely involved in the remediation
review process," Boozell stated. "At least two of our own market
conduct experts will participate on the state regulator oversight
panel. Further, under our settlement agreement, we reserve the right
to perform a target review of the remediation program if it is
determined that the program is not performing satisfactorily."
Boozell said Illinois policyholders should receive notification
from Prudential within the next 60 to 90 days. Consumer inquiries
should be directed to the company at 800-736-8913.
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