Case Details

Year Initiated/Committed

2006

Year Resolved

2010

Settlement Amount

$5.5 million

Court

Supreme Court of the State of New York, New York County

Docket Number

06 401726

Lead State

NY

Participating States

NY

Defendant(s)

Liberty Mutual Holding Company, Inc.

Case Description

New York filed a civil complaint against Liberty Mutual, a property and casualty insurance company, alleging a pervasive bid-rigging scheme and that Liberty Mutual had made payoffs to insurance brokers and independent agents to steer their clients to Liberty Mutual. According to the lawsuit, Liberty Mutual was explicit with the terms of these illegal payments in internal emails, in many instances violating its fiduciary duty to its clients. The complaint further alleges how Liberty Mutual consistently rigged bids for excess casualty insurance as part of an anti-customer allocation scheme led by Marsh & McLennan Companies, Inc. Specifically, from 2001 through 2004, Marsh would solicit fake bids from Liberty Mutual and other insurers that were higher or less favorable to the customer to support the bid of a favored insurer. New York seeks restitution and civil damages. In August 2005, Kevin Bott, a former Liberty Mutual executive pled guilty to criminal charges connected with his bid-rigging conduct. payments. In 2010, Liberty Mutual agreed to pay $5.5 million to NY and $2 million to Connecticut to settle the allegations.