June 9, 2008
Broker Kickbacks: Contingent Commissions all over again.
Analysis of:
Brokers face insurance kickback investigation | www.investmentnews.com
This analysis is solely the work of the author. It has not been edited or endorsed by GLG.
Implications: Fiduciary responsibilities apply to many facets of all businesses.Transparency has become a greater focus for our legal system.
Analysis: What used to be a more or less accepted practice in the insurance industry is being microscoped more & more. It is somewhat reminiscent of contingent commissions. Traded compensation for steered business. Many have always thought it was the quid pro quo of doing business. You send me something and I'll give you some form of compensation in return. While that generally may not be illegal, it is when it violates ethical standards or a fiduciary responsibility. It somewhat begins to place form over substance. Pure profit can no longer be the primary concept of a transaction. It goes back to the musketeers motto of all for one and one for all. Companies must take into consideration what is best for stockholders or other pertinent parties. The fiduciary part of this transaction has long been diluted, but needs to be fully explored. http://www.dol.gov/ebsa/publications/fiduciaryresponsibility.html Connecticut is certainly not the first State to go after insurance brokers for kickbacks nor should, or will, they be the last. Many companies have been flying under the radar partially do to investigation resources and time. Since the sting of 911, Enron, Worldcom and other similar tragic events transparency in business dealings is becoming more and more of a focus. The concept of what is in essence steering with remuneration will continue to be a focus of many future investigations.
Analysis: What used to be a more or less accepted practice in the insurance industry is being microscoped more & more. It is somewhat reminiscent of contingent commissions. Traded compensation for steered business. Many have always thought it was the quid pro quo of doing business. You send me something and I'll give you some form of compensation in return. While that generally may not be illegal, it is when it violates ethical standards or a fiduciary responsibility. It somewhat begins to place form over substance. Pure profit can no longer be the primary concept of a transaction. It goes back to the musketeers motto of all for one and one for all. Companies must take into consideration what is best for stockholders or other pertinent parties. The fiduciary part of this transaction has long been diluted, but needs to be fully explored. http://www.dol.gov/ebsa/publications/fiduciaryresponsibility.html Connecticut is certainly not the first State to go after insurance brokers for kickbacks nor should, or will, they be the last. Many companies have been flying under the radar partially do to investigation resources and time. Since the sting of 911, Enron, Worldcom and other similar tragic events transparency in business dealings is becoming more and more of a focus. The concept of what is in essence steering with remuneration will continue to be a focus of many future investigations.
Report a Concern
More GLG News in
Legal, Economic & Regulatory Affairs
Most Popular:
Source Article | Expert Analyses
Partial settlement reached in Exxon Valdez case
www.dallasnews.com
Court Decision: Tiffany v. eBay
www1.nysd.uscourts.gov
U.S. trade commission loses bid for Rambus appeal
www.reuters.com
Decision: 20th Century Fox v. Cablevision
www.eff.org
Billions Not for the Plaintiffs Bar
www.law.com
Exxon Settles!
September 1, 2008
Rambus Wins Again
August 29, 2008
Does Cablevision Matter?
August 29, 2008
From eBay, the Law Should Expect More
August 29, 2008
Afghanistan: March Back Naked, the Ultimate Concessions: Theirs or Ours.
August 25, 2008

