--QBE agreed to pay $10 million to New York in 'force-placed' insurance settlement

--QBE pact bans commissions and certain other payments to banks

--Company will file new rate plans with state

 
   By Saabira Chaudhuri and Leslie Scism 
 

QBE Insurance Group Ltd. (QBIEY, QBE.AU) has agreed to pay $10 million to the state of New York and to quit paying commissions to banks as part of a settlement aimed at lowering the cost of home insurance sold when borrowers drop their original coverage.

The insurer will file new rates for state regulators to review and provide restitution to some homeowners to settle allegations of overpriced insurance and excessive profits.

The settlement, announced Thursday, follows hearings by New York Department of Financial Services Superintendent Benjamin Lawsky last year that grilled QBE, other insurers and their banking partners about their relationships. The state maintained those relationships have been highly profitable for the companies at the expense of consumers.

A representative of QBE declined to comment.

The settlement follows a March 21 pact with Assurant Inc. (AIZ), the largest seller of the "force-placed" home insurance in the U.S. Assurant agreed to pay a $14 million penalty, adopt the same rate cuts, business-practice changes and provide restitution to some New York homeowners to settle similar allegations.

The policies are "forced" on borrowers who drop their required, standard homeowners coverage, which protects banks' collateral. Struggling borrowers may seek to save money by canceling their original policies that are required when they take out a mortgage, unaware they will be hit by much-costlier forced coverage if they fail to restore coverage on their own.

"The kickbacks and payoffs in the force-placed insurance industry used to be a dirty little secret that pushed far too many families off the foreclosure cliff, but my administration's investigation is helping put a stop to those abuses," Gov. Andrew M. Cuomo said in announcing the QBE settlement Thursday. "The nation-leading reforms that we're putting in place will mean lower home-insurance costs and better protections for many working New Yorkers."

The New York State DFS said QBE competed for business from banks and mortgage servicers through what is known as "reverse competition." Rather than competing by offering lower prices, the insurers competed by offering what is effectively a share in the profits, pushing up the price of force-placed insurance by creating incentives for banks and mortgage servicers to buy force-placed insurance with high premiums, the state said.

The agency said QBE paid commissions to insurance agencies and brokers that were affiliates of mortgage servicers.

It cited data showing QBE's actual claims costs for force-placed hazard insurance in New York from 2009 to 2011 were substantially below the 55% expected loss ratio the insurance company filed with the department.

Among the terms of the settlement, QBE will file a premium rate with a permissible loss ratio of 62%, supported by analysis and data to the DFS--a move, the agency noted, will "substantially reduce" homeowners' premiums.

If QBE's actual rates in any year result in a loss ratio of less than 40%, QBE will be required to refile its rates for the next year for DFS review to bring the loss ratio back up.

In early April, Mr. Lawsky dispatched a letter to other states to use the state's Assurant settlement as a way to lower costs for consumers in other parts of the country.

Separately, the Federal Housing Finance Agency, which regulates mortgage firms Fannie Mae (FNMA) and Freddie Mac (FRE), filed a notice in late March seeking public comment on a plan to ban nationally the same commissions and fees Assurant agreed to forgo in the New York pact.

The issue is important to Fannie Mae and Freddie Mac because they pick up a large portion of the bill for unpaid insurance costs.

Write to Saabira Chaudhuri at saabira.chaudhuri@dowjones.com and Leslie Scism at leslie.scism@wsj.com

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