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Press Release

Florida Announces a $4 Million Multi-State, Multi-Agency Life Claim Settlement Agreement with Aviva
Thursday, November 21, 2013
Contact Info:

Amy Bogner

TALLAHASSEE, Fla. – Florida Insurance Commissioner Kevin McCarty today announced a $4 million life claim settlement agreement has been reached with two companies (Aviva Life & Annuity Company and Aviva Life & Annuity Company of New York) who are collectively referred to as “Aviva.” 

The settlement agreement with Aviva and other similar insurers focuses primarily on the asymmetrical use of the Social Security Administration’s Death Master File (DMF) to cease making annuity payments, but not to search for beneficiaries of a life insurance policy who may be due benefits. Aviva has agreed  to implement business reforms correcting this practice and to make a multi-million dollar payment, which will be disbursed among the participating states. Florida’s allocation of the $4 million payment is expected to be over $342,000. 

The multi-state examination was conducted by Florida, California, Illinois (managing lead state), Iowa, New Hampshire, North Dakota, and Pennsylvania. Along with these states, the agreement includes the Florida Department of Financial Services (DFS), the Office of the Attorney General (AG), and the Office of Insurance Regulation (Office).

“This is the tenth Florida agreement to resolve life claim settlement practices, with more than 50% of the overall life and annuity insurance market represented nationally. These agreements demonstrate the effectiveness of the multi-state examination process which is overseen by the Life/Annuities Claim Settlement Practices Task Force of the National Association of Insurance Commissioners (NAIC),” stated Florida Insurance Commissioner, Kevin McCarty.

“This settlement is another great win for Floridians who have been subjected to deceitful business practices and deserve to be compensated,” said CFO Jeff Atwater. “Aviva and other businesses who have failed to pay the rightful benefits to Floridians must be held accountable.”

"Life insurance companies must do their due diligence to locate beneficiaries and pay them. In this settlement, Aviva agreed to take the appropriate steps to determine when life insurance funds are due to beneficiaries and timely locate and pay them," stated Attorney General Pam Bondi.

The settlement agreement requires implementation of the following business practices and reform measures:  

·         Compare all company records against the DMF Update File every month and against the complete DMF file at least annually from the Agreement effective date.
·          Provide quarterly reports to the lead states about the implementation and execution of the requirements of the Agreement for 36 months following its conclusion.
·         A follow-up examination to determine compliance 39 months following the conclusion of this Agreement.
Established in 2011, the multistate examination process is guided and coordinated by the NAIC Life/Annuities Claim Settlement Practices Task Force, which is chaired by Commissioner McCarty. For more information about this issue, visit the Office’s Life Claims Settlement Practices website page. To search or submit a request for unclaimed property, visit www.FLTreasureHunt.org, or call 1-88-VALUABLE or (850) 413-3089.
Contact Info:

Amy Bogner

About the Florida Office of Insurance Regulation
The Florida Office of Insurance Regulation has primary responsibility for regulation, compliance and enforcement of statutes related to the business of insurance and the monitoring of industry markets. For more information about the Office, please visit www.floir.com or follow us on Twitter @FLOIR_comm and Facebook