Ohio National Answers Lawsuits On Trail Commission Cut - 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
December 28, 2018 Top Stories
Share
Share
Post
Email

Ohio National Answers Lawsuits On Trail Commission Cut

By John Hilton

In a pair of very different responses, Ohio National responded last week to lawsuits filed in the Southern District of Ohio court.

In an 11-page, point-by-point response to a lawsuit by Veritas Independent Partners, an independent broker-dealer based in Conway, Ark., Ohio National either denied allegations or cited a lack of "sufficient information" to most of the claims.

Veritas is one of many disgruntled former partners with active claims against Ohio National over its decision to abandon contracts, and by extension, trail commissions to be paid out on select variable annuity contracts.

At issue is the contract language cited by Veritas: "Trail commissions will continue to be paid to the broker-dealer of record while the selling agreement remains in force and on any particular contract until the contract is surrendered or annuitized."

Responding to the italicized portion of the claim, Ohio National said: "deny that the proffered construction of certain highlighted language ... is correct."

In a second response, Ohio National attorneys asked the Southern District court to dismiss a lawsuit filed by Lance Browning,  an LPL Financial broker based in Whitehouse, Texas.

The insurer accused Browning of making "a grab bag of claims" to which he "is neither a party nor a third-party beneficiary."

Browning sold annuities with Morgan Keegan and UBS/Paine Webber prior to joining LPL in 2012, court documents say. He has sold more than 100 annuities with trailing commissions that yield him $89,000 annually.

Browning's class-action lawsuit claims Ohio National is guilty of "breach of contract" and "unjust enrichment," among other claims.

'An End Run'

But Ohio National, represented by Zeiger, Tigges & Little, a Columbus, Ohio law firm, said its contracts are with the broker-dealer, not the broker.

"As a stranger to the underlying contracts upon which he seeks relief, Browning lacks standing to seek the same -- whether directly via his claims for breach of contract and declaratory relief, or indirectly via his other 'claims' that are plainly designed to make an end run around his lack of contractual privity."

An Ohio National spokeswoman has said the company does not comment on pending litigation.

Ohio National informed broker-dealers in a Sept. 28 letter that it would terminate "any and all servicing agreements" on Dec. 13. 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.

"Ohio National devised a scheme to save money by refusing to pay owed trail commissions to Veritas," the Veritas lawsuit reads.

Ohio National distributes life and annuities through an independent producing general agent channel with about 11,000 agents, and through a career agency channel with about 4,000 agents, the company said. Career agents are apparently unaffected by the decision to stop paying trails on VAs with a GMIB.

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.

John Hilton

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.

Older

Top 10 Financial Articles Of 2018

Newer

Top 10 Articles Of 2018: Health Insurance

Advisor News

  • Navigating client communication in a digital age
  • Can your advisory firm survive without you?
  • I started using AI, but what now?
  • How to support an entrepreneur client with multiple businesses
  • Could a narrower focus help grow your practice?
More Advisor News

Annuity News

  • Solen Software Group Acquires Cooperative Technologies, Provider of 1035 Exchange and Annuity Replacement Software
  • MassMutual Expands Lending Options With New Secured Credit Line
  • Corebridge Financial Introduces Progressive Trigger, a First-of-Its-Kind Index Annuity Strategy Designed to Turn Missed Years into Future Opportunity
  • Insurer proposes $1.1M deal to resolve CA teachers’ annuity fee lawsuit
  • IMOs get frustrated with slow carrier adoption of faster technology
More Annuity News

Health/Employee Benefits News

  • More than 1,700 Pottawattamie County residents face Medicare plan cancellations
  • KENTUCKY CAN CUT HEALTH PREMIUMS WITHOUT SPENDING A DIME
  • SpecialtyCare sues Anthem over $2.5 million in unpaid awards
  • Americans Worry They Can’t Afford Health Care in Retirement, Allianz Life Study Finds
  • Lawmakers urge USCIS to address immigration backlog affecting healthcare access
More Health/Employee Benefits News

Life Insurance News

  • Americans Worry They Can’t Afford Health Care in Retirement, Allianz Life Study Finds
  • Solen Software Group Acquires Cooperative Technologies, Provider of 1035 Exchange and Annuity Replacement Software
  • Virginia orders Atlantic Coast Life to halt new business Nov. 1
  • AM Best Affirms Credit Ratings of China Taiping Insurance (Singapore) Pte. Ltd.
  • AM Best Upgrades Credit Ratings of Fidelity Life Association, A Legal Reserve Life Insurance Company; Affirms Credit Ratings of Industrial Alliance Insurance and Financial Services Inc. and Its Life/Health Subsidiaries
Sponsor
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

  • Benefits Studio Launches to Fill the Missing Middle of Benefits Navigation at $49/mo
  • Lauren Sinnott Named to Ragan’s Top Women in Marketing Awards, Class of 2026 
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.