Judge: Ohio National Decision To End Trails Eligible For Arbitration
A Massachusetts' federal judge has ruled that Finra arbitration is appropriate to settle one of several legal challenges to Ohio National's decision to end trail commissions on a specific variable annuity.
Judge Denise J. Casper ruled that an addendum to the Ohio National selling agreement commits them to arbitration with Commonwealth Equity Services. An independent broker-dealer, Commonwealth and one of its advisors, Margaret Benison, are plaintiffs.
They allege "breach of contract, breach of the implied covenant of good faith and fair dealing."
Ohio National informed broker-dealers in a Sept. 28 letter that it would terminate "any and all servicing agreements" on Dec. 12, 2018. That means all compensation, specifically trail commissions, stopped on that date.
The decision is believed to be the first of its kind in the industry and affects variable annuity contracts purchased with a guaranteed minimum income benefit rider. The GMIB is appealing to clients looking for guaranteed income in retirement.
While Commonwealth and Ohio National Equities are Finra members, and Benison is a "Finra associated person," Ohio National Life Insurance Company and Ohio National Life Assurance Corp. are not.
But Casper ruled that the selling agreement addendum "contains a valid, enforceable arbitration agreement between the parties, not just those entities already bound to Finra arbitration under the Finra rules."
Ohio National never comments on legal matters, a spokeswoman has said. In court papers, the insurer claimed that ONLIC and ONLAC are not subject to Finra arbitration and there is no "'dispute' involving ON Equities for which arbiration is needed."
At least three other broker-dealers are suing the insurer in federal courts in Ohio and New Jersey. Those lawsuits are not seeking Finra arbitration, however.
InsuranceNewsNet Senior Editor John Hilton has covered business and other beats in more than 20 years of daily journalism. John may be reached at john.hilton@innfeedback.com.
© Entire contents copyright 2018 by InsuranceNewsNet.com Inc. All rights reserved. No part of this article may be reprinted without the expressed written consent from InsuranceNewsNet.com.
InsuranceNewsNet Senior Editor John Hilton has covered business and other beats in more than 20 years of daily journalism. John may be reached at john.hilton@innfeedback.com. Follow him on Twitter @INNJohnH.



2018 Annuity Sales Up 10%, Beacon, Morningstar Find
Achieving The (Retiree’s) American Dream
Advisor News
- The inheritance gap: Helping clients plan for money that hasn’t arrived
- After the midterms: Addressing your clients’ tax concerns
- Berkeley arts tax heads toward passage while public bank measure looks likely to fail
- Americans’ sense of overall prosperity still ticks upward
- Turning expanded eligibility into a better coverage plan for federal clients
More Advisor NewsAnnuity News
- AM Best Affirms Credit Ratings of Knighthead Annuity & Life Assurance Company and Merit Life Insurance Co.
- Jackson reports record annuity sales, increases share repurchase authorization
- Why the market doesn’t need more carriers
- Equitable, Corebridge steam toward merger with strong Q3 annuity sales
- Jackson Announces New Annuity Offering for AARP Members
More Annuity NewsHealth/Employee Benefits News
- BioMedNewsBreaks – Regentis Biomaterials Ltd. (NYSE American: RGNT) Signs Four-Year Exclusive Distribution Agreement for GelrinC (R) in Israel
- Flouting consumer law, insurers refuse to pay medical bills for emergency care
- Open enrollment is now for 2027 health insurance coverage in Illinois: What to know
- Idaho insurance director details $13M school trust collapse
- Insurance program's collapse detailed at ISBA conference
More Health/Employee Benefits NewsLife Insurance News
- Start estate planning before the family needs it
- Best’s Market Segment Report: Health and Property Lines of Business Drive Hong Kong’s Non-Life Insurance Growth
- AM Best Affirms Credit Ratings of Central States Indemnity Co. of Omaha and Its Subsidiary
- National Life Group Approves $23 Million Dividends for 2027
- Milliman’s proposed $15.5 million settlement puts life insurance underwriting data in focus
More Life Insurance News