Welcome to the Insurance Brokerage Class Counsel Website

This website has been established by Class Counsel in the In re Insurance Brokerage Antitrust Litigation to provide information to potential class members regarding the current status of these actions.

Current Status of Litigation

A number of class action complaints filed against various insurer and broker defendants were consolidated into two actions, which prior to the dismissal orders discussed below, were pending before the Honorable Garrett E. Brown, Jr. in the United States District Court for the District of New Jersey - In re Insurance Brokerage Antitrust Litigation, Civil No. 04-5184 (GEB) (concerning the brokering of commercial insurance) and In re Employee Benefits Insurance Brokerage Antitrust Litigation, Civil No. 05-1079 (GEB) (concerning the brokering of employee benefits insurance). Defendants moved to dismiss plaintiffs' complaints and a series of Court orders resulted in the dismissal, with prejudice, of all claims against all defendants (the "Dismissal Orders"). Plaintiffs appealed the Dismissal Orders. As set forth in more detail below, on August 16, 2010, the Court of Appeals for the Third Circuit affirmed in part, vacated in part, and remanded for further proceedings.

Defendants' Motions to Dismiss

On November 29, 2005, the defendants in each of the above actions filed their motion to dismiss plaintiffs' respective first consolidated amended complaints in the commercial action and the employee benefits action. On October 3, 2006, defendants' motions to dismiss were denied in part and granted in part. The district court ordered plaintiffs to file supplemental statements of particularity and amended RICO case statements, which plaintiffs then filed on October 25, 2006. Defendants again moved to dismiss and on April 5, 2007, the district court issued an order dismissing the complaints with prejudice. The district court granted plaintiffs leave to amend their antitrust claims and to further revise their statements of particularity. On May 22, 2007, plaintiffs served defendants with a second consolidated amended complaint and amended RICO and statements of particularity in both the commercial and employee benefit actions. On June 29, 2007, redacted versions of the documents were filed with the court and are available on the website by clicking on "Court Documents."

On June 21, 2007, defendants moved to dismiss the second amended complaints referred to in the preceding paragraph. On August 31, 2007, the district court dismissed the Sherman Act claims asserted in the complaints. On September 28, 2007, the district court dismissed plaintiffs' RICO claims.

Plaintiffs filed a Notice of Appeal on October 10, 2007 appealing the district court's dismissal of the commercial case. Plaintiffs filed a Notice of Appeal on February 12, 2008 appealing the district court's dismissal of the employee benefits case. An amended Notice of Appeal was filed on March 13, 2008. In the commercial case, plaintiffs filed their Opening Brief with the Third Circuit on February 19, 2008. Defendants filed their brief on April 7, 2008 and plaintiffs filed their reply brief on April 24, 2008. In the employee benefits case, plaintiffs filed their Opening Brief with the Third Circuit on June 18, 2008. Defendants filed their brief on September 15, 2008. The Marsh Defendants and plaintiffs moved to dismiss the appeals pending as to the Marsh Defendants only and for partial remand of the cases to the district court for approval of the settlement agreement (discussed below). The Court of Appeals for the Third Circuit heard argument on the appeals on April 21, 2009. On August 16, 2010, the Court of Appeals for the Third Circuit vacated the dismissal of plaintiffs' Sherman Antitrust claims with respect to those defendants alleged to have engaged in bid rigging in the Marsh centered commercial conspiracy; the dismissal of the RICO claims based on the alleged Marsh-centered commercial enterprise, with respect to those same defendants; the dismissal of the RICO claims based on the alleged CIAB enterprise, with respect to the defendant brokers; and the dismissal of the state-law claims. The Third Circuit affirmed the District Court's order in all other respects and remanded for further proceedings. Following a conference with the District Court on August 23, 2010, Defendants' motion to dismiss is due no later than October 1, 2010; Plaintiffs' opposition brief is due no later than November 1, 2010; and Defendants' reply brief is due no later than November 11, 2010.

Settlement with Zurich Defendants

On February 16, 2007, the Court approved a settlement reached with the Zurich Defendants. The Settlement provides for the payment of at least 121.7 million dollars to the Settlement Class Members. Prior to March 16, 2007, certain objectors to the Settlement (including Van Enterprises, Inc ("Van Enterprises")) filed appeals with the Third Circuit from the Court's order approving the Settlement. The appeals Court heard argument on April 21, 2009. On September 8, 2009, the Court of Appeals for the Third Circuit affirmed the order approving Settlement. Distribution of the Settlement money is anticipated to take place in the fourth quarter of 2010.

For further information regarding this settlement visit www.insurancebrokerageantitrustlitigation.com.

Settlement with Arthur J. Gallagher Defendants

On, August 31, 2007, the Court approved a settlement reached with the Gallagher Defendants. The Settlement provides for the payment of 28 million dollars to the Settlement Class Members and also will provide for the implementation of certain business reforms. One objector to the Settlement --Van Enterprises, Inc. ("Van Enterprises") -- has filed an appeal from the Court's order approving the Settlement. The Court of Appeals for the Third Circuit heard argument on April 21, 2009. On September 8, 2009, the Court of Appeals for the Third Circuit affirmed the order approving the Settlement.

For further information regarding this settlement visit www.gallaghersettlement.com.

Settlement with the Marsh Defendants

On August 21, 2008 the Court preliminarily approved a settlement reached with the Marsh Defendants. Sixty-two million dollars shall be distributed to Settlement Class Members with up to five million dollars of that amount available for use by the Marsh Defendants to resolve and settle the claims of state officials representing insurance policyholders who are potential Settlement Class Members. Approximately seven million dollars - the $69 million Settlement Fund less the $62 million Class Fund - will be available for use by the Marsh Defendants to resolve and settle the claims of plaintiffs in certain existing and pending actions. The Court held a hearing on final approval of the settlement on December 15, 2008. The Court has approved the Settlement. Two objectors to the Settlement -- including Van Enterprises -- filed an appeal from the Court's order approving the Settlement. The objectors dismissed their appeals and the Settlement is therefore final.

For further information regarding this settlement visit www.insurancebrokeragemarsh.com.