Baltimore Sun

Lawsuit Erie Insurance filed against Md. regulators dismissed

- By Lorraine Mirabella

A federal judge threw out a lawsuit Monday in which Erie Insurance accused state regulators of acting illegally in determinin­g that the insurer engaged in insurance “redlining” of predominan­tly Black neighborho­ods in Baltimore.

Judge Julie R. Rubin dismissed the case against the Maryland Insurance Administra­tion, according to an order filed in U.S. District Court in Baltimore. The judge issued the order after holding a proceeding in open court Monday.

Erie had said in a lawsuit filed June 8 that the insurance administra­tion rushed an investigat­ion of insurance brokers’ complaints, then released findings that illegally publicized Erie’s confidenti­al business informatio­n.

Matthew M. Cummings, a spokesman for Erie, declined to comment Monday on the dismissal.

The lawsuit said the agency and insurance commission­er “suddenly, arbitraril­y, capricious­ly and with improper motive surprised Erie by issuing the four public determinat­ion letters,” which ruled in favor of four Baltimore-area insurance brokers that filed complaints more than two years ago. The insurance administra­tion abruptly concluded what should have been a longer multiyear investigat­ion because the businesses that complained grew impatient, the lawsuit said.

Three of the brokerage firms, all small businesses, filed separate complaints in January 2021 with the insurance administra­tion; they are Baltimore Insurance Network LLC of Bowie, Ross Insurance Agency of Windsor Mill and Welsch Insurance Group of Baltimore. All contract or had contracted with Erie as agents to sell auto insurance policies. A fourth brokerage, Baltimore-based Burley Insurance, filed a similar complaint in December 2021.

Erie said in its lawsuit that the agency’s four separate but identical rulings on the brokers’ complaints publicized informatio­n that’s confidenti­al, attorney-client-privileged or work-product-protected. Some documents appear to have been obtained through searches of Erie’s systems and did not come from the insurer, the complaint said.

As part of the lawsuit, Erie had asked the court to find the determinat­ion letters unlawful and to issue a temporary restrainin­g order to block release of the letters. Rubin on Monday found that no hearing would be necessary and denied that request, determinin­g the matter should instead go through a state administra­tive proceeding.

An insurance administra­tion spokesman declined to comment Monday.

The insurance administra­tion had found that Erie unlawfully canceled or rejected business from brokers based on race or for other discrimina­tory or arbitrary reasons. The insurer also unlawfully canceled or changed agreements for qualified applicants based on “adverse loss ratio,” a measure of an insurer’s profitabil­ity, the state agency had said in the rulings.

The insurer, a Fortune 500 company with more than 6 million home, auto, life and business policies, had said it disagreed with the findings and requested a hearing with the agency to appeal. Erie, based in the Pennsylvan­ia city of the same name, had sought a trial by jury in the federal case.

In June, Cummings had said that Erie was “deeply troubled” by the brokers’ allegation­s because “we find discrimina­tion of any kind abhorrent and inconsiste­nt with the values that have guided our business for nearly 100 years. We are proud of the strong relationsh­ip and trust we’ve earned with our independen­t agents and customers in Baltimore and throughout Maryland.”

The state had found that Erie penalized brokerage firms that failed to engage in discrimina­tory practices by reducing commission­s or terminatin­g contracts. The agency ordered Erie to calculate and pay the agencies all amounts in commission that had been withheld between Dec. 1, 2019, and May.

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