State regulators encourage brokerages to use insurance to fund arbitration losses

State regulators encourage brokerages to use insurance to fund arbitration losses
NASAA says step would help address problem of unpaid arbitration awards
DEC 11, 2019
State securities regulators encouraged brokerages Wednesday to use insurance to fund arbitration payouts to customers who win disputes, saying it would help reduce the number of unpaid awards. The North American Securities Administrators Association released a survey of 64 firms that showed that 77% of them carried errors & omissions insurance, while 23% did not carry insurance. Of the firms participating in the survey, 23% reported paying at least one E&O claim over the past year, and 17% reported that an arbitration claim was paid by insurance. Most of the firms in the study were small, according to NASAA. The survey showed that at least 28 insurance carriers offered E&O policies. State regulators see insurance coverage as part of the answer to the growing problem of unpaid arbitration awards. From 2012 through 2016, the amount of unpaid arbitration awards has ranged from a high of $75 million in 2013 to a low of $14 million in 2016, according to Financial Industry Regulatory Authority Inc. statistics. Finra runs the arbitration system for brokers. "The survey results reveal that the majority of the responding firms had E&O insurance and that their policies have paid claims," the NASAA report states. "Further, the results of the survey contradict the blanket assertion that E&O insurance is too expensive or too difficult for smaller firms to obtain." The NASAA report acknowledged that E&O insurance often excludes claims that are made in arbitration cases, such as fraud, sales of alternative products and selling away by a registered representative. It also said E&O doesn't solve some major causes of unpaid arbitration. "Because E&O insurance may not necessarily address awards against inactive firms or claims involving fraud or other excluded conduct, it is not a complete solution to the problem of unpaid arbitration awards," the report states. [Recommended video: Connecting the dots for the future of advice] In 2018, Finra released a report outlining several steps that could be taken to address unpaid arbitration, including legislation or regulations requiring firms to carry insurance to cover unpaid arbitration awards. The report said unpaid arbitration is a problem requiring a response from Congress and several regulators. "We look forward to reading NASAA's report," Finra spokeswoman Michelle Ong wrote in an email. One critic of the Finra arbitration system praised NASAA for holding Finra's feet to the fire. "Finra was hoping the unpaid arbitration issue would blow over and disappear," said Andrew Stoltmann, a Chicago securities attorney and a board member of the Public Investors Arbitration Bar Association. "But to NASAA's credit, it remains a critical issue for the organization." State regulators are trying to spur action on unpaid arbitration awards. "We appreciate that this issue is complicated and are pleased that Finra and others are studying it," Christopher Gerold, chief of the New Jersey Securities Bureau and NASAA president said in a statement. "But this problem is not fixing itself." Mr. Stoltmann said the NASAA insurance suggestion is helpful. "It's an important step, and one that will cure part of the unpaid arbitration problem," Mr. Stoltmann said. "The best solution remains an industry funded unpaid arbitration pot."

Latest News

Names of more B-Ds that sold deals of bankrupt Inspired Healthcare surface
Names of more B-Ds that sold deals of bankrupt Inspired Healthcare surface

Broker-dealers that sold the defunct securities backed by Inspired Healthcare generated more than $100 million in fees and commissions.

MetLife poll finds high-value home sales are becoming tax-planning events
MetLife poll finds high-value home sales are becoming tax-planning events

A new MetLife survey finds real estate professionals are increasingly steering clients toward tax experts as rising property values leave more sellers facing significant capital gains.

Kestra adds Raymond James recruiter to expand advisor hiring push
Kestra adds Raymond James recruiter to expand advisor hiring push

The independent broker-dealer expands its business development bench with a new recruiter and an internal promotion in the West.

Cerity Partners names Will Peng chief innovation officer
Cerity Partners names Will Peng chief innovation officer

The leading ultra-high-net-worth RIA joins other large wealth firms, including Raymond James and LPL, in creating executive roles focused on artificial intelligence strategy

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.