MARKET CONDUCT EXAMINATION REPORT. OF THE LIFE AND ANNUITY BUSINESS OF METROPOLITAN LIFE INSURANCE COMPANY Avenue of the Americas

Transcription

1 MARKET CONDUCT EXAMINATION REPORT. OF THE LIFE AND ANNUITY BUSINESS OF METROPOLITAN LIFE INSURANCE COMPANY 1095 Avenue of the Americas New York, NY REPORT NUMBER MCLH-22-2O11~.E Examination Period: July 1, 2010 May 31, ~. INSURANCE ADMINISTRATION STATE OF MARYLAND MARYLAND INSURANCE ADMINISTRATION THERESE M. GOLDSMITH, COMMISSIONER FEBRUARY27, 2012

2 MARYLAND INSURANCE ADMINISTRATION FEBRUARY 27, 2012 TABLE OF CONTENTS SECTION PAGE I. EXECUTIVE SUMMARY I II. SCOPE OF EXAMINATION 2 III. COMPANY PROFILE 3 IV. CLAIMS V. CLOSING 5 VI. EXAMINATION REPORT SUBMISSION 6 EXHIBIT 7 Metropolitan Life Insurance Company MCLH E

3 MARTIN O MALLEY Governor ANTHONY G. BROWN Lt. Governor MARYLAND INSURANCE ADMINISTRATION THERESE M. GOLDSMITH Commissioner KAREN STAKEM HORNIG Deputy Commissioner THOMAS L. MARSHALL Acting Associate Commissioner Compliance & Enforcement February 27, St. Paul Place, Suite 2700, Baltimore, Maryland21202 Direct Dial: Fax: tmarshall@mdiiisurance.state.md.us TTY: The Honorable Therese M. Goldsmith Commissioner of Insurance State of Maryland 200 St. Paul Place, Suite 2700 Baltimore, Maryland Dear Commissioner Goldsmith: Pursuant to your instructions and authorization, an Examination has been made of the market conduct affairs of: METROPOLITAN LIFE INSURANCE COMPANY whose home office is located at 1095 Avenue of the Americas, New York,. New York The report of such Examination is being respectfully submitted. Sincerely, Signature on file with original Acting Associate missioner Compliance & Enforcement

4 MARYLAND INSURANCE ADMINISTRATION FEBRUARY 27, 2012 I. EXECUTIVE SUMMARY The Maryland Insurance Administration (hereinafter Administration ) conducted a target Market Conduct Examination of Metropolitan Life Insurance Company (hereinafter MetLife or Company ). The purpose of the target Market Conduct Examination ( Examination ) was to assess compliance with Maryland laws and regulations relating to retained asset accounts (RAA). The period covered by the Examination was July 1, 2010 through May 31, 2011 ( Examination period ). The Examination focused on claims submitted on group life insurance policies and group annuity contracts issued, delivered or renewed in Maryland on or after July 1, 2010, andclairiis submitted on or after July 1,2010, under individual life insurance policies and individual annuity contracts issued or delivered in Maryland. The areas reviewed were: Company policies and procedures for claim payments, including RAA; Description of Company relationship to RAA and bank holding monies; Settlement of proceeds modes offered to beneficiaries/claimants, Disclosure notices for claims processedduring the Examination period. A total of 114 randomly selected claim files were reviewed. A total of 114 violations are noted herein. The Company stated in a November 14, 2011, letter to the Administration, that all disclosures required by Maryland law have been added to the claim form or are included in the Welcome Letter/TotaF Control Account ( TCA ) package~ The Examination identified non-compliant issues, some of which may extend to other jurisdictions. MetLife is directed to take. immediate corrective action to demonstrate its ability and intention to conduct insurance business in Maryland according to its laws and regulations. Metropolitan Life Insurance Company MCLH E.

5 MARYLAND INSURANCE ADMINISTRATION FEBRUARY 27, 2012 II. SCOPE OF EXAMINATION An Examination has been performed on the Company and a Report thereon is submitted as follows: The Examination was conducted pursuant to the statutory authority granted under ~2-205, 2-207, and of the Annotated Code of Maryland and of the Code of Maryland Regulations ( COMAR ). The Examination period was July 1, 2010, through May 31, The purpose ofthe Examination was to assess the Company s compliance with Maryland laws andregulations relating to RAA. All unacceptable or non-compliant practices may not have been discovered or noted in the Report. Failure to identify or criticize improper or non-compliant business practices in Maryland or in other jurisdictions does not constitute acceptance of such practices. The Examination and testing methodologies followed standards established by the National Association of Insurance Comriiissioners. ( NAIC ) and procedures developed by the Administration. The chart below represents the population reported and the samples sizes for each of the areas reviewed. ~ POPULATION~SiZE~S~MPL ESIZE Group Life Claims Individual Life Claims individual Annuity Claims Metropolitan Life Insurance Company MCLH E - - 2

6 MARYLAND INSURANCE ADMINISTRATION. FEBRUARY 27, 2012 III. COMPANY PROFILE The Metropolitan Life Insurance Company was founded in New York City on March 24, On January 6, 1915, Metropolitan Life mutualized, changing from a stock life insurance company owned by individuals to a mutual company operated for the benefit of its policyholders. In 1990, the company changed its corporate signature from Metropolitan Life to the shorter MetLife. On April 5, 2000, MetLife held its initial public offering (IPO). With the demutualization, Metropolitan Life Insurance Company had become a wholly owned subsidiary of MetLife, Inc. On May 18, 2000, MetLife, Inc. announced that its subsidiary, Metropolitan Life Insurance Company had taken the first step towards offering banking services to its customers by establishing a new unit within the company. On July 14, 2009, MetLife Inc. announced that it was combining its Institutional and Individual Businesses, as well as its Auto & Home unit, into a single U.S. Business Organization. Mergers and Acquisitions: Charter Company insurance subsidiaries,1985; Baldwin- United insurance subsidiaries, 1987; AllState Insurance Company group life and health business, 1988; United Resources Insurance, Inc., 1989; Executive Life Insurance Company of New York, 1992; United Mutual Life Insurance Company, 1992; Travelers Insurance Company s health business, 1994; Travelers Group business, 1994; New England Mutual Insurance Company, 1996; GenAmerica Corporation, 2000; John Hancock Life Insurance Company s group life insurance business, 2003; Travelers Life & Annuity, 2005; CitiStreet Associates, 2005; Paragon Life Insurance Company, 2006; Citicorp Life Insurance Company, 2006; First Citicorp Life Insurance Company, 2006; and American Life Insurance Company (Alico), 2006 The Company is licensed to do bii~tnessih~iif1fty states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, and the CommOnwealth of Northern Mariana Islands. Metropolitan Life Insurance Company MCLH E 3

7 MARYLAND INSURANCE ADMINISTRATION ~. FEBRUARY 27, 2012 IV. CLAIMS Issue I - Violation of COMAR B The Company failed to provide disclosures required by COMAR A and COMAR C, in writing, to the beneficiary at the time of claim submission. COMAR provides in pertinent part:.04 Life Insurance Policies and Annuity Contracts. An insurer may not offer a retained asset account as a mode of settlement of proceeds under a life insurance policy or annuity contract to a contract holder unless the insurer: * * * * * * The Company shall revise its procedures to include all disclosures required by COMAR B. Provides the beneficiary the information required to be disclosed under Regulation 05 of this chapter at the time of claim FINDING I The Company failed to make disclosures required by COMAR A and C at the time of claim submission. Disclosures were included in the Customer Agreement, TCA Welcome booklet and the welcome letter provided to the beneficiary, along with the TCA checkbook, at the time the claim was paid into the TCA The disclosures are required to be given at thetime of claim submission. AREA REVIEWED POPULATION SAMPLE SIZE VIOLATIONS % OF ERROR EXHIBIT Group Life Claims A Individual Life Claims A individual Annuity Claims A A and C at the time of claim submission. Metropolitan Life Insurance Company MCLH E 4

8 MARYLAND INSURANCE ADMINISTRATION FEBRUARY 27, 2Q12 V. CLOSING A total of 114 randomly selected files were reviewed. A total of 114 violations are noted herein. All violations were for deficiencies in the timing of the written RAA disclosures to the beneficiary/claimant. The disclosures w~re;.prbvidedto the beneficiary but were provided at the time proceeds were placed into the TCA instead of prior to the establishment of the TCA. MetLife shall demonstrate that procedures have been put in place to provide the required disclosures when offering a RAA as a settlement option at the time of claim submission. Metropolitan Life Insurance Company MCLH E 5

9 MARYLAND INSURANCE ADMINISTRATION FEBRUARY 27,2012 VI. EXAMINATION REPORT SUBMISSION The courtesy and cooperation extended to the examiners by the Company s officers and employees during the course of the Examination are gratefully acknowledged. Signature on file with original ~~~gent, ~,AIRC, MCM, ACS Chief, Life and Health Market Conduct Examiner In addition the following individuals participated in the Examination and in the preparation of this Report: Dan Stemcosky, MCM, AlE, FLMI, AIRC Supervisor-In-Charge INS Regulatory Insurance Services, Inc. Frank Kyazze, MCM, AlE, FLMI, ALHC Examiner-In-Charge INS Regulatory Insurance Services, Inc. Sean Connolly, MCM Examiner.. INS Regulatory Insurance Services, Inc. Delbert Knight, MCM, CIE Examiner INS Regulatory Insurance Services, Inc. Kristen A. Walter Market Conduct Associate Compliance & Enforcement Unit Metropolitan Life Insurance Company MCLH ,1-E 6

10 MARYLAND INSURANCE ADMINISTRATION FEBRUARY 27, 2012 EXHIBIT Metropolitan Life insurance Company MCLH E.7

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12 acknowledge that this Order is in the public interest and desire to resolve this matter without further proceedings. 4. The Examination, the details of which are included in the Report, incorporated herein as if set forth in full, concluded that Respondent violated the following Maryland Regulations,.. 0 COMAR B WHEREFORE, pursuant to ~2-108 and 4-113(d)(1) of the Insurance Article, it is hereby ORDERED by the Commissioner and consented toby Respondent: A. Respondent shall accept the Rep&t as finai and Waives any right to a hearing on or for judicial review of the Report B Respondent has advised that it has corrected the violations as noted in the Report. Respondent shall take such measures to ensure that the conditions that led to these violations are addressed such that the same violations do not occur in th~future. Respondent shall set forth in a letter to the Commissioner that the violations have been corrected and that measures have been taken to ensure that such violations do not occur in the future Such letter shall be accompanied by a certification, signed by an officer of the Respondent, certifying that the information is true and accurate. C. Respondent shall pay an administrative penalty to the State of Maryland for the violations stated herein in the amount of Eleven Thousand Four Hundred Dollars ($1 1,400) contemporaneously with Respondent s execution of this Order. Administrative penalties shall be made payable.to the Maryland Insurance Administration and shall -2-

13 identify the case by number or name. Unpaid penalties will be referred to the Central Collection Unit for collections. D. The executed Order and payment of the administrative penalty shall be sent to the attention of: Associate Commissioner, Compliance and Enforcement, 200 St Paul Place, Suite 2700, Baltimore, MD E. Responder tt agrees that no amounts paid pursuant to Paragraph C df this Order shall be included in or recoverable as expenses in any rate filing filed with the Administration or any other regulatory authority. F. For the purposes of the Adrninistration.and for any subsequent administrative or civil proceedings concerning Respondent, whether related or unrelated to the foregoing paragraphs, and with regard to requests for information about the Respondent made under the Maryland Public Information Act, or properly made by governmental agencies, this Order will be kept and maintained in the regular course of business by the Administration. For the purposes of the business of the Administration, the records and publications of the Administration will reflect this Order~ 0~. G. The parties agree that this Order resolves all matters relating to the Report only, and the factual assertions and agreements contained herein are to be used solely for O the purposes of this proceeding brought by or on behalf of the Administration. Nothing herein shall be deemed a waiveç of the Commissioner s right to proceed in an administrative action or civil action for violations not specifically identified in this Order, including bu~not limited to, specifib consiirner~o6mpiaintsreceived by the Administration, nor shall anything herein be deemed a waiver of the right of the Respondent to contest other proceedings by the Administration. Additionally, Respondent understands and

14 agrees that this Order addresses. and resolves only the administrative actions by the Compliance and Enforcement Section of the Administration relating to the Report. This Order shall not be construed to resolve or preclude any potential or pending civil, administrative, or criminal action or prosecution by any other person, entity or governmental authority, including, but not limitedto, the Insurance Fraud Division of the Administration, regarding any conduct by the Respondent including the conduct that is the subject of this Order. H.. Respondent has had the opportunity to have this Order reviewed by legal counsel of its choosing, and is aware of the bensfits gained and obligations incurred by the execution of the Order. Respondent waives any and all rights.to any hearing or judicial review of this Order to which it would otherwise be entitled under the Insurance Article with respect to any of the determinations made or actions ordered by this Order. I. This Order contains the Ontire agreement between the parties relating to the administrative actions addressed0 herein. This0 Order supersedes any, and all earlier agreements or negotiations, whether oral orwritten. All time frames set forth in this Order may be amended or modified only by subsequent written agreement of the parties. J. On behalf of Respondent, the undersigned representative of Respondent affirms that he or she has taken all necessary steps to obtain the authority to bind Respondent to the obligations stated herein and does in fact have the authority to bind Respondent to the obligations stated herein K. This Order shall be êffectiv~upon signing by the Commissioner or h~r designee, and is a Final Order of th ecornmissioner under of the Insurance Article. -4-

15 L. Failure to comply with the terms of this Order may subject Respondent to further legal and/or administrative action. It is so ORDERED, this ~ day, THERESE M. GOLDSMITH INSURANCE COMMISSIONER Signature on file with original By: N c~grod~vj i$~ociate~d ep~ Commissioner 3~ 0, 0 O, RESPONDENTS CONSENT RESPONDENT hereby CONSENTS to. the representations made in, and to the terms of, the above Consent Order. The undersigned hereby represents that he or she has the authority to bind Metropolitan Life Insurance Company to the terms of this Consent Order resolving Report number MCLH E. 0 Name: ~ ~ln~. Signature on file with original SIgnature 0 Title ~ (C- ~- I~~~I< Date: ~/i~(~~,0