Prudential Life Insurance: Recapping Prudential's Insurance Curning Fraud of the 1990's
According to allegations made by policyholders and others, Beginning in the early 1980s
and continuing through the mid 1990s, insurance agents working for Prudential Life
Insurance used deceptive tactics to sell insurance polices. The basis for the deception
involved telling existing clients that they could get additional life insurance at little or no
cost. In addition, agents told customers that they would only need to pay premiums on
policies for a limited amount of time. After that, the policy would remain in force
without any money needed. In most cases, both of these stories were untrue. Other
deceptive practices included selling life insurance polices that were disguised as
investments.
The deception undertaken by some Prudential agents is called churning.
Churning life insurance means selling policies to customers that are not needed in order
to generate commissions. One process of churning life insurance means convincing
existing customers that they can get additional coverage for little or even no money. It
works by writing a customer a new insurance policy, and paying the premium for that
policy from the cash value and dividends that have accumulated in the existing older
policy. This strips the cash value of the existing policy, which leaves the insurance
policy worth much less for the beneficiary. In some cases, this can cause the older policy
to actually lapse. When that policy lapses, then there is no additional money to pay for
the new policy, so that policy also goes away. In the end, this can leave policyholders
with little or nothing to leave loved ones.
It was alleged that Prudential agents routinely churned policies as a way of
boosting sales commissions. Agents would write the new policies, pay for them with the
cash of older policies, and reap the commissions for writing a new policy. Agents also
make bonuses from insurance companies based on the number of polices they write. So,
churning more and more policies brought agents extra bonuses from the insurance
company.
Typically, when money from an existing life insurance policy is taken in cash or
to be used for other purposes, the customer must sign a form approving the use of the
policy's cash value. However, allegations were made against Prudential that agents
would hide the forms that needed to be signed as typical paperwork. Customers were not
fully informed of the documents they were signing. They were made to believe that
forms that allowed the use of cash value of existing policies to be used to purchase
additional insurance were simply routine forms that had to be signed. In addition, others
have alleged that Prudential agents got customers to sign blank forms, and filled in the
information to take money from existing policies later.
It is alleged that the churning of older polices is not the only deceptive sales
practice undertaken by Prudential agents. Agents also told customers that they would
only have to pay premiums for a certain number of years on certain life insurance polices.
The problem, however, was that Prudential continued to bill some of these customers for
life insurance premiums after the specific time period had ended. Some customers who
refused to pay the additional premiums had the money deducted from the cash value of
the policies. This lowered the overall value of the life insurance policy paid to
beneficiaries when the insured died.
Customers were also not told that policies that do allow for premium payments
for a certain amount of years are typically based on the interest rates that the cash value
of polices earn. If the interest rates drop, then the money earned which pays the
premiums may not be enough. In this case, the policyholder must pay the difference or
risk having the policy lapse. This, of course, will leave the customer without life
insurance. This information must be disclosed to customers. They cannot simply be told
that no payments will be needed after a set amount of time. They must be informed what
factors are associated with potentially not owing additional premiums.
Some customers alleged that when they received notices that their existing
policies were due to lapse, or that they owed money to their existing policies that had
been borrowed to pay for new policies, they were further deceived. Customers have
stated that they were told that such notices were nothing to worry about. They were told
that their life insurance policies were fine.
Finally, one other deception that is alleged against Prudential agents is the selling
of life insurance products disguised as investments. For examples, agents would state
that they were selling clients an investment to save for the cost of insurance for their
children. The problem, however, was that the so-called investment was nothing more
than a life insurance policy which built cash value. The deception came because clients
did not understand that they were building cash value, but they were also paying for the
cost of life insurance. This may have been life insurance that the customer did not want
or need. The money that was used to directly purchase the life insurance does not go into
the cash value, meaning that customers lost this money. It is also worth noting that many
states actually state that insurance agents cannot call an insurance product an investment.
Beginning in the mid 1990s, lawsuits began springing up trying to recoup money
lost by Prudential customers. The lawsuits alleged the many deceptive tactics used by
agents to churn policies and put more money in their pockets. States began to take notice
and investigate the allegations. In the end, Prudential was fined more than $50 million by
several state insurance regulators. In addition, the National Association of Securities
Dealers fined Prudential an additional $20 million.
The life insurance company also settled a class-action lawsuit based on all cash
value life insurance policies bought between 1982 and 1995. This covered 10.7 million
policies. The company eventually paid out more than $2.8 billion dollars to
policyholders. This was in addition to the fines from regulatory bodies.
However, it is worth noting that many have stated that the process of getting
monetary compensation for alleged deceptive practices was not as easy as simply asking
for the money. There are many stories of clients being asked to fill out pages of forms
explaining how they lost money due to negligence on the part of Prudential agents. In
addition, some customers complained that they compensation they received, which in
some cases amounted to less than $100, was not nearly as much as they lost. The
customers were able to appeal any decision made about the compensation they should
receive. However, some customers reported being so tired from all of the maneuvering,
that they simply accepted the money that was offered.
In addition, even the compensation process was marked by allegations of wrong-
doing and lawsuits. Several Prudential employees allege that they were told to process
claims faster than would allow for proper investigation of claims. They even alleged that
there were contests to see who could process an individual claim in the shortest amount
of time. Some of the employees filed suit stating that they were harassed for reporting
problems involved in the claims process.
Currently, there are no pending lawsuits against Prudential based on deceptive life
insurance sales practices. The company has also announces changes to its sales mangers.
Managers are no longer paid just on sales commissions. They are also paid based on the
number of existing clients they keep, the quality of the people they hire as agents, and
conserving the cash value of customers' policies.
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