Industry Trade Group Sues The DOL Over Encroaching Fiduciary Standard - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Top Stories
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Top Stories
Top Stories RSS Get our newsletter
Order Prints
February 2, 2022 Top Stories
Share
Share
Post
Email

Industry Trade Group Sues The DOL Over Encroaching Fiduciary Standard

Georgia wants to set up its own health insurance marketplace.
The federal government says Georgia's health insurance marketplace plan does not meet regulations.
By Staff Reports

The Federation of Americans for Consumer Choice, joined by a number of independent insurance agents and agencies, sued the Department of Labor today over its interpretation of who is considered a fiduciary.

The lawsuit was filed in Dallas federal court within the Fifth Circuit, where the appellate court three years ago struck down the Labor Department’s prior fiduciary rule.

The DOL’s Investment Advice Rule, which takes full effect this week, broadens the agency interpretation of who is considered a fiduciary, which the lawsuit contends is contrary to an earlier decision of the Fifth Circuit Court of Appeals. The new rule is the latest iteration of a decade-old effort by the government to turn more financial professionals, including insurance agents, into fiduciaries subjecting them to more onerous regulatory requirements.

The lawsuit asserts the Labor Department’s latest rule “carries forward the core problem the Fifth Circuit identified in vacating the Fiduciary Rule the first time,” adding that “pouring the same old wine into a new bottle does not change the result.”

In 2018, the Fifth Circuit Court of Appeals tossed out the fiduciary rule, ruling that the DOL exceeded its authority by creating a new regulatory scheme for the retirement plan space.

FACC, a trade group representing independent life insurance agents and agencies selling annuities and other insurance products, contends that the latest DOL rule will harm average consumers even though promoted as increasing consumer protection.

Kim O’Brien, CEO of the trade group, says “the final interpretation adopted by the Labor Department places an unfair regulatory burden upon independent insurance agents who serve Middle America thereby limiting access by lower and middle income Americans to important guaranteed retirement products as well as retirement advice more generally.”

O’Brien pointed out that insurance agents are heavily regulated by state insurance departments and expresses concern the Labor Department rule creates a costly and unnecessary new layer of regulation.

The lawsuit is being brought on behalf of FACC by attorneys Andy Jubinsky and Don Colleluori of the Figari & Davenport law firm who are prominent Dallas based commercial litigators.

According to Jubinsky, “we think it is helpful to everyone, including the Labor Department, that a federal court review whether these new rules comport with the Fifth Circuit decision handed down a few years ago, because otherwise a cloud will hang over these rules until there is such a legal challenge.”

Several individual agents and agencies based in Texas joined the lawsuit as plaintiffs, including Eric Couch who runs ProVision Brokerage in Flower Mound located just north of Dallas-Fort Worth.

“We obviously work hard to provide quality products and services to our clients but we worry that yet another layer of regulation could impair our ability to stay independent and offer the widest range of products that truly benefit our clientele," he said.

No image

This report compiled by InsuranceNewsNet staff.

Older

California Man Allegedly Set Fire To Own Car For Insurance

Newer

Elton John Welcomes Annuity Group On Yellow Brick Road Farewell Tour

Advisor News

  • Why advisors should offer retirement-longevity planning
  • A hybrid approach outperforms the 4% Rule, researchers find
  • The missing piece in most retirement plans
  • Clients are bringing TikTok insurance advice into advisor meetings
  • Embracing a family-centric approach to financial planning
More Advisor News

Annuity News

  • The Manhattan Life Insurance Company Acquires Union Security Life Insurance Company of New York
  • Cayman Islands premier to meet with U.S. reinsurance regulators
  • Investigation finds deceptive sales, churning of annuities targeting postal workers
  • Corebridge annuity sales slip ahead of Equitable marriage
  • California teachers settle class-action lawsuit over in-plan annuity fees
More Annuity News

Health/Employee Benefits News

  • Sources say Mangione expected to plead guilty
  • Bartholomew County's uninsured adult rate cut in half over 14-year span following Obamacare
  • Doctors say Medicaid change to gender-affirming care will harm vulnerable youth
  • Victoria County budget heads toward September vote
  • Doctors suffer high rates of 'moral injury.' La Plata County patients pay the price
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • AM Best Affirms Credit Ratings of PT KB Insurance Indonesia
  • Westaim Reports Q2 2026 Results for the Quarter Ended June 30, 2026 and Leadership Update for Ceres Life Insurance Company
  • Bismarck man convicted of insurance fraud involving dead wife sentenced to prison
  • Insurers, rating firms push back on NAIC credit rating oversight plan
  • The Manhattan Life Insurance Company Acquires Union Security Life Insurance Company of New York
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • How Aspire General Turned an Early Technology Bet Into Claims Automation at Scale with Kyber
  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
  • MassMutual Ascend Surpasses $2 Billion in Lifetime Advisory Annuity Sales, Reflecting Continued Momentum in RIA Channel
  • Royal Neighbors Unveils Its 2026 Scholarship Recipients 2026 Royal Neighbors Scholars Making a Difference Across the Country
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet