Fraud of the Week

August 19, 2019

Insurer Fraud — California

Amount: Over $27 Million

The California Supreme Court let a $27.6 million fine imposed by the California Department of Insurance against Mercury Insurance Company for charging illegal fees in violation of Proposition 103. Proposition 103 in California makes insurance company require "prior approval" from the California Department of Insurance before implementing property and casualty insurance rates. In 2015 the Commissioner fined Mercury $27.6 million for charging its clients unapproved and unfairly discriminatory insurance rates. Even after being warned not to continue the practice, Mercury allowed it's auto insurance agents to charge consumers between $50 and $150 in illegal fees over the premium that the Department had approved. The scheme also involved Mercury labeling its "agents" as "brokers", insinuating that they work for consumers instead of for Mercury, which allowed them to collect unapproved fees on more than 180,000 transactions over five years and improperly collecting at least $27.6 million from consumers. The scheme created incentives for Auto Insurance Specialists, Mercury's largest independent agent, to exclude other insurers and place all policies with Mercury, resulting in Mercury customers paying different amounts for the same policy, based on the fees of the agents. The $27.6 million fine is the largest in California Department of Insurance history against a property and casualty insurer.