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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 actions filed against various insurer and broker defendants have been consolidated into two actions currently 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’ Motions to Dismiss

On November 29, 2005, the defendants in each of the above actions filed their motion to dismiss plaintiffs’ respective Corrected First Consolidated Amended Class Action Complaints (the “Complaints”). On April 5, 2007, the court issued an order dismissing the Complaints with leave for the plaintiffs to replead.

On May 22, 2007, plaintiffs served the following documents on the defendants:

In re Insurance Brokerage Antitrust Litigation

  • Second Consolidated Amended Commercial Class Action Complaint
  • Revised Particularized Statement Describing the Horizontal Conspiracies Alleged in the Second Consolidated Amended Commercial Class Action Complaint;
  • Third Amended Commercial Insurance Plaintiffs’ Rico Case Statement Pursuant to Local Rule 16.1(B)(4)

In re Employee-Benefit Insurance Brokerage Antitrust Litigation

  • Second Consolidated Amended Employee-Benefit Class Action Complaint
  • Revised Particularized Statement Describing the Horizontal Conspiracies Alleged in the Second Consolidated Amended Employee-Benefits Class Action Complaint
  • Third Amended Employee Benefits Plaintiffs’ RICO Case Statement Pursuant to Local Rule 16.2(B)

All of these documents contain confidential information and therefore have not yet been filed with the Court. On June 29, 2007, redacted versions of the above documents have been filed and are available on the website by clicking on “Court Documents.”

On June 21, 2007, the Defendants moved to dismiss the Complaints referred to in the preceding paragraph. On August 31, 2007, the Court dismissed the Sherman Act claims asserted in the Complaints. The Court has not issued a ruling on any other aspect of the defendants’ motions to dismiss.

Plaintiffs’ Motion for Class Certification

Plaintiffs moved for class certification in the above actions on February 13, 2006. Briefing was completed on May 31, 2006. The Court has not yet scheduled a hearing.

Settlement with Zurich Defendants

On February 16, 2007, the Court approved a settlement that had been reached with the Zurich Defendants. The Settlement provides for the payment of at least $121.7 million to the Settlement Class Members. Prior to March 16, 2007, certain objectors to the Settlement filed appeals from the Court’s order approving the Settlement. The appeals Court has set a briefing schedule on the objectors’ appeals. It is unknown when the appeals will be heard.

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 that has been reached with the Gallagher Defendants. The Settlement provides for the payment of $28 million to the Settlement Class Members and also will provide for the implementation of certain business reforms. One objector to the Settlement has filed an appeal from the Court’s order approving the Settlement. No briefing schedule has been set by the appeals court.

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