1) I received a check in the mail from the
Insurance Brokerage Antitrust Litigation, what is this for?
In late 2006, you received a Notice that advised that you were entitled to
settlement funds from the Insurance Brokerage Antitrust Litigation relating to
the settlement with the Zurich Insurance Company group of defendants.
The lawsuit resulting in the settlement concerned the purchase or renewal of
commercial insurance or reinsurance between August 26, 1994 and September 1,
2005 from any of the Zurich insurers or purchases or renewals of commercial
insurance or reinsurance, during that same period of time, from insurance
companies other than Zurich through certain insurance brokers that were named
in the lawsuit as defendants. .
If you purchased or renewed commercial insurance or reinsurance from any of the
Zurich insurers you did not need to file a claim in order to receive the funds.
If you purchased or renewed commercial insurance or reinsurance from insurers
other than Zurich, through brokers that were named in the lawsuit as
defendants, you were required to file a claim.
The Court order approving the settlement was appealed by certain class members.
The appellate court order upholding the settlement was approved in September
2009.
This check is a pro rata distribution that you are entitled to under the
Settlement Agreement, Plan of Allocation and Order Granting Class Counsel’s
Motion for Distribution of Net Cash Settlement Amount.
2) I need my check reissued because my
name/my company’s name has changed. What do I do?
If you would like to have your check reissued, you will need to return the check
to the Settlement Administrator with a letter explaining why the check needs to
be reissued and to whom it should be reissued. If it is the result of a name
change, you will need to supply documentation to support your request.
For example, if you are requesting the reissue on behalf of a company due to
the company being bought or sold, you will need to provide proof of the sale
and the documentation to support the name change
3) I need my check reissued because I
lost it. What do I do?
If you would like to have your check reissued, you will need to send a letter to
the Settlement Administrator explaining why the check needs to be reissued and
to whom it should be reissued.
4) I received a check in the mail, is this a valid
check? If I cash this check, will I be signing up for something?
Yes, this check is a valid check. This is your share of a class action lawsuit
settlement. By cashing this check, you are not signing up for anything or will
have any further obligations.
5) How was the amount of my distribution
calculated?
The distribution was calculated on a pro rata basis based on the Plan of
Allocation.
There was approximately $130 million available for distribution relating to
approximately $80 billion in policy premiums.
6) I think that I am entitled to a check
and I have not received one, what do I do?
Please contact a Call Center Representative at 1-866-722-3544.
7) What is the Insurance Brokerage
Antitrust Litigation?
In late 2006, Notices were mailed that advised Class Members of a settlement in
a Class Action lawsuit called In re Insurance Brokerage Antitrust Litigation .
Several individuals who qualified as class members were entitled to settlement
funds from that litigation relating to the settlement with the Zurich Insurance
Company group of defendants.
The lawsuit resulting in the settlement concerned the purchase or renewal of
commercial insurance or reinsurance from any of the Zurich insurers or other
purchases or renewals of commercial insurance or reinsurance from insurance
companies other than Zurich through certain insurance brokers that were named
in the lawsuit as defendants. .
If you purchased or renewed commercial insurance or reinsurance from any of the
Zurich insurers you did not need to file a claim in order to receive the funds.
If you purchased or renewed commercial insurance or reinsurance from insurers
other than Zurich, through brokers that were named in the lawsuit as
defendants, you were required to file a claim.
The Court order approving the settlement was appealed. The appellate court
order upholding the settlement was approved in September 2009.
8) The check I received is for $XX and I
had a claim for $XX. I think there was an error.
This check is a pro rata distribution that you are entitled to under the
Settlement Agreement, Plan of Allocation and Order Granting Class Counsel’s
Motion for Distribution of Net Cash Settlement Amount.
9) What was the pro rata percentage?
Pursuant to the Settlement Agreement, Plan of Allocation and Order Granting
Class Counsel’s Motion for Distribution of Net Cash Settlement Amount, the pro
rata percentages were approximately as follows:
For Excess Policies, those commercial policies that provided insurance over and
above a certain loss amount, the settlement paid $.01896 for every dollar spent
on valid Excess policies. If the distributable amount for excess policyholders
was under $112.25, a minimum payment of $112.25 was issued.
For Non-Excess Policies, those commercial policies that are primary and pay a
loss from dollar one, the settlement paid $.00066 for every dollar spent on
valid Non-Excess policies. If the distributable amount for non-excess
policyholders was under $4.10, a minimum payment of $4.10 was issued.
For Conspiracy Policies, those commercial policies issued by a non-Zurich
insurer through a broker defendant, the settlement paid $.00050. No minimum
payment was made for the conspiracy policies.
10) Did you send me a 1099? Will I be
receiving a 1099?
We did not mail 1099s and we will not be mailing them.
11) Do I have to pay taxes on this?
We can not offer any tax advice. Please speak with an accounting professional.
12) I do not agree with the amount of
my check, can I appeal the decision?
If you believe that the check amount is too low because you believe a higher
percentage should have been paid on it, the allocation and percentages were
approved by the Court and the time to appeal has expired.
If you believe that you had Zurich policies that were not included, per the
terms of the Settlement Agreement and approved by the Court, Zurich policy
payments were based on data provided by Zurich. The time to appeal this
decision has expired.
If you believe that conspiracy policies you submitted were incorrectly marked
as ineligible, the time to dispute this with the Settlement Administrator has
passed. You would have received a letter that advised you of the ineligibility
status.
13) What was considered a valid
policy?
The excess and non-excess categories were Zurich policies that were sold or
renewed during the class period, August 26, 1994 through September 1, 2005.
Pursuant to the Settlement Agreement and Court approval, Zurich Insurance
Company provided the Settlement Administrator with information about all
qualified policies that were considered part of this settlement. These policies
were commercial insurance or reinsurance purchased or renewed during the class
period from any of the Zurich insurers. You did not need to file a claim in
order to receive the funds.
Conspiracy policies were commercial insurance or reinsurance policies purchased
or renewed during the class period from insurers other than Zurich, through
brokers that were named in the lawsuit as defendants. You were required to file
a claim to recover under these policies. Again, for a conspiracy policy to be
valid, it must have been purchased through one of the named brokers.
14) Is it too late to file a claim?
Yes.