MetLife wins court ruling to remove 'too big to fail' label

Classifying America's biggest life insurer as a systemically important financial institution gets rejected by a federal judge.
FEB 29, 2016
By  Bloomberg
MetLife Inc. beat back a U.S. attempt to label it too big to fail, which would've put America's biggest life insurer under tougher government scrutiny and forced it to put more money in reserves. A federal judge in Washington struck down the designation on Wednesday, rejecting the Financial Stability Oversight Council's rationale for classifying the company as a systemically important financial institution. The reasons for the ruling were sealed by the judge. The ruling undercuts the foundation of the Obama administration's plan to more heavily regulate four non-bank businesses it determined had the potential to destabilize the American financial system. MetLife had called the designation arbitrary and unjustified. Chief executive officer Steve Kandarian said earlier this year that his New York-based company will shed much of its domestic retail business because SIFI put it at a “significant competitive disadvantage.” MetLife jumped 6% to $45.01 at 10:41 a.m. in New York trading. Prudential Financial Inc., which is the second-largest U.S. life insurer and was also named a non-bank SIFI, advanced 4.3% to $74.59. (Related read: Why advisers shouldn't sweat MetLife's U.S. retail split) Randy Clerihue, a spokesman for New York-based MetLife, didn't immediately respond to a message seeking comment. Filed last year, the MetLife suit is the biggest challenge yet to the council that includes Federal Reserve chairwoman Janet Yellen and Treasury Secretary Jacob Lew. Other non-banks bearing its SIFI designation are American International Group Inc. and Prudential, neither of which have brought challenges. General Electric Co. has said it will divest its U.S. financial operations and then ask FSOC to rescind the classification. At a February hearing, federal judge Rosemary Collyer sharply questioned Justice Department attorney Eric Beckenhauer, asking why the council said it would conduct a “vulnerability analysis” of MetLife before making its determination, then failed to do so. She also asked the government's lawyer why FSOC assumed that MetLife would be at the brink of collapse in the event of a fiscal crisis. “That's not risk analysis,” she said. “That's assuming the worst of the worst of the worst.” The case is MetLife Inc. v. Financial Stability Oversight Council, 15-cv-00045, U.S. District Court, District of Columbia (Washington).

Latest News

Trump to sign order opening 401(k)s to private equity
Trump to sign order opening 401(k)s to private equity

The executive order directed at the Department of Labor and the Securities and Exchange Commission also gives an opening to cryptocurrencies and other alternative investments.

Estate planning services poised to capitalize on $90 trillion wealth transfer
Estate planning services poised to capitalize on $90 trillion wealth transfer

New report reveals 95% of affluent investors need to create or update estate plans.

Broadridge makes strategic move into AI-driven wealth lending
Broadridge makes strategic move into AI-driven wealth lending

Partnership aims to boost advisor efficiency across its Wealth Lending Network.

UBS bets on next-gen talent amid continued advisor exodus
UBS bets on next-gen talent amid continued advisor exodus

The bank's new training initiative aims to add hundreds of advisors as it expands its mass-affluent advice unit, according to Barron's.

PIABA slams SIFMA proposal for FINRA arbitration reform
PIABA slams SIFMA proposal for FINRA arbitration reform

The lawyers' group warns that adjudicating certain claims externally and limiting punitive damages, among other suggestions, could hurt investors.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.