June 7, 1999
Prudential Has Paid $1 Billion
To Class-Action Policyholders
By DEBORAH LOHSE
Staff Reporter of THE WALL STREET JOURNAL
Prudential Insurance Co. of America has so far paid out more than $1
billion to some 250,000 policyholders, representing 40% of all eligible
claimants in a massive class-action settlement of lawsuits alleging past
deceptive sales practices.
Prudential has dispatched letters to all 650,000 or so claimants detailing
what they stand to get in the settlement, according to data through the
end
of April that were recently provided to state insurance regulators and
others. Of the total, 134,421 -- or one in five -- qualified for the highest
level of relief -- a full refund with interest, or a paid-up policy. Another
64%, or 412,661, qualified for modified refunds or adjustments to their
policy.
But 12.6%, or nearly 81,000 claimants, have been told they probably
don't qualify for any relief, because they failed to prove they were misled
or that they were victims of the types of abuse the settlement was intended
to remedy, Prudential said. Such policyholders can still appeal their case
in
arbitration.
The figures are the first public indication of how consumers are faring
under one of the nation's biggest -- and most controversial -- class-action
settlements.
The lawsuits, originally filed in various federal courts and consolidated
in
U.S. District Court in Prudential's hometown of Newark, N.J., alleged that
the company's agents in the 1980s and early 1990s fraudulently sold life
insurance to customers, sometimes by misleading them about what they
were buying or how long they would have to pay premiums, and
sometimes by raiding the customers' cash-rich older policies to finance
the
new ones.
Critics, including lawyers for policyholders who didn't participate in
the
settlement and some consumer groups, have long argued that the restitution
process is so cumbersome that many victims of the alleged deceptive
practices wouldn't benefit from the $2.6 billion that Prudential has
previously reserved for sales-practices-related payments.
But the settlement has survived various court challenges and has been ruled
fair to policyholders. The U.S. Supreme Court declined to rule on the
matter in January.
State insurance regulators say they continue to receive consumer
complaints about the slowness and complexity of the process, and many
individuals have stories of bureaucratic snafus. Many consumers are calling
about notices they find confusing or because they "are not comfortable
with the awards that they are getting," said Joanna Connolly, an assistant
attorney general for Massachusetts.
But regulators from two big states, New York and Florida, have backed
off threats, linked to earlier delays and snafus, to fine or even to try
to
block Prudential's plan to convert to stock ownership from its current
status as a policyholder-owned company. However, "to say we are
satisfied would be a bit premature," said David Springer, who is
overseeing the process for Florida's insurance department.
Prudential said about 417,000 policyholders have officially selected among
the relief options, with nearly 48,000 others electing to use the program's
arbitration process to seek more relief. About 95,000 have not yet
responded to Prudential and indicated whether they will accept the
specified relief or appeal.