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

  • Caregiving: A challenge that costs employers billions
  • Could your practice benefit from an advisory board?
  • SEC nears settlement with accused scammer Tai Lopez
  • The 3 things that shrink your Social Security income
  • Proposed legislation takes aim at Social Security shortfall
More Advisor News

Annuity News

  • Globe Life Inc. (NYSE: GL) Highlighted for Surprising Price Action
  • Trademark Application for “EMPOWER YOUR MONEY” Filed by Empower Annuity Insurance Company of America: Empower Annuity Insurance Company of America
  • Built-in guaranteed annuities: What advisors should know
  • Malibu Life Holdings Completes Acquisition of TruSpire, Establishing Malibu USA and Accelerating Entry into the U.S. Retail Annuity Market
  • Why job boards are failing insurance agencies
More Annuity News

Health/Employee Benefits News

  • Dishonest telemarketers are selling fake health insurance, leaving Minnesotans in the lurch
  • NC’s State Health Plan switching who administers its members’ benefits, again
  • Caregiving: A challenge that costs employers billions
  • agilon health Reports ACO REACH Model Results for 2024 Performance Year
  • Ohio saw the largest drop in enrollment after Trump/Republican Affordable Care Act cuts
More Health/Employee Benefits News

Life Insurance News

  • Could your practice benefit from an advisory board?
  • AM Best Revises Outlooks to Stable for Missouri Farm Bureau Group’s Members and Farm Bureau Life Insurance Company of Missouri
  • Globe Life Inc. (NYSE: GL) Highlighted for Surprising Price Action
  • AM Best Assigns Credit Ratings to China Ping An Insurance (Hong Kong) Company Limited
  • Reliance Matrix Expands Employee Navigator Integration with New Evidence of Insurability (EOI) API Enhancement
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

  • Prosperity Life GroupSM Launches Prosperity PathWaySM Series, Bringing Greater Choice and Flexibility to Retirement Income Planning
  • Senior Market Sales® Fortifies Annuity Reach With Acquisition of Retirement Planning Firm Stratton & Company
  • RFP #T01625
  • Rockwood Programs Appoints Kerry Ladouceur as Vice President, Financial Lines
  • JP Insurance Group Launches Commercial Property & Casualty Division; Appoints Joe Webster as Managing Director
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