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

Will Congress open the door to more private market opportunities?
Will Congress open the door to more private market opportunities?

A House bill could stop the SEC from blocking closed-end funds' private fund investments.

Northern Trust names new West Region president for wealth
Northern Trust names new West Region president for wealth

The new regional leader brings nearly 25 years of experience as the firm seeks to tap a complex and evolving market.

Capital Group extends retirement plan services further with a focus on advisors
Capital Group extends retirement plan services further with a focus on advisors

The latest updates to its recordkeeping platform, including a solution originally developed for one large 20,000-advisor client, take aim at the small to medium-sized business space.

Why RIAs are the next growth frontier for annuities
Why RIAs are the next growth frontier for annuities

David Lau, founder and CEO of DPL Financial Partners, explains how the RIA boom and product innovation has fueled a slow-burn growth story in annuities.

Supreme Court slaps down challenge to IRS summons for Coinbase user data
Supreme Court slaps down challenge to IRS summons for Coinbase user data

Crypto investor argues the federal agency's probe, upheld by a federal appeals court, would "strip millions of Americans of meaningful privacy protections."

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.