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Annual Report 2005 - Chubb Group of Insurance Companies

Annual Report 2005 - Chubb Group of Insurance Companies

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Purported class actions arising out <strong>of</strong> the aforementioned investigations into market practices in<br />

the property and casualty insurance industry involving the payment <strong>of</strong> contingent commissions to<br />

brokers and agents have been Ñled in a number <strong>of</strong> state and federal courts. As previously disclosed, on<br />

August 1, <strong>2005</strong>, <strong>Chubb</strong> and certain <strong>of</strong> its subsidiaries were named in a putative class action entitled In<br />

re <strong>Insurance</strong> Brokerage Antitrust Litigation in the U.S. District Court for the District <strong>of</strong> New Jersey. This<br />

action, brought against several brokers and insurers on behalf <strong>of</strong> a class <strong>of</strong> persons who purchased<br />

insurance through the broker defendants, asserts claims under the Sherman Act and state law and the<br />

Racketeer InÖuenced and Corrupt Organizations Act (""RICO'') arising from the unlawful use <strong>of</strong><br />

contingent commission agreements. The complaint seeks treble damages, injunctive and declaratory<br />

relief, and attorneys' fees. <strong>Chubb</strong> has also been named in two purported class actions in state court<br />

relating to allegations <strong>of</strong> unlawful use <strong>of</strong> contingent commission arrangements. The Ñrst was Ñled on<br />

February 16, <strong>2005</strong> in Seminole County, Florida. In October <strong>2005</strong>, the Judicial Panel on Multidistrict<br />

Litigation issued an order transferring this case to the U.S. District Court for the District <strong>of</strong> New Jersey<br />

for consolidation with the In re <strong>Insurance</strong> Brokerage Antitrust Litigation. The second was Ñled on<br />

May 17, <strong>2005</strong> in Essex County, Massachusetts. In October <strong>2005</strong>, the Judicial Panel on Multidistrict<br />

Litigation issued a Conditional Transfer Order conditionally transferring the case to the U.S. District<br />

Court for the District <strong>of</strong> New Jersey for consolidation with the In re <strong>Insurance</strong> Brokerage Antitrust<br />

Litigation. The plaintiÅ and one <strong>of</strong> <strong>Chubb</strong>'s unaÇliated co-defendants have Ñled motions to vacate the<br />

Conditional Transfer Order. Those motions have not yet been decided. In December <strong>2005</strong>, <strong>Chubb</strong> and<br />

certain <strong>of</strong> its subsidiaries were named in an action similar to the In re <strong>Insurance</strong> Brokerage Antitrust<br />

Litigation. The action is pending in the same court and has been assigned to the judge who is presiding<br />

over the In re <strong>Insurance</strong> Brokerage Antitrust Litigation. The complaint has not yet been served in this<br />

matter. In these actions, the plaintiÅs generally allege that the defendants unlawfully used contingent<br />

commission agreements. The actions seek unspeciÑed damages and attorneys' fees. The Corporation<br />

believes it has substantial defenses to all <strong>of</strong> the aforementioned lawsuits and intends to defend the<br />

actions vigorously.<br />

It is reasonable to expect that, in the ordinary course <strong>of</strong> business, the Corporation may be involved<br />

in additional state litigation <strong>of</strong> this sort.<br />

Information regarding certain litigation to which the P&C <strong>Group</strong> is a party is included in the<br />

Property and Casualty <strong>Insurance</strong> ÌLoss Reserves section <strong>of</strong> MD&A.<br />

<strong>Chubb</strong> and its subsidiaries are also defendants in various lawsuits arising out <strong>of</strong> their businesses. It<br />

is the opinion <strong>of</strong> management that the Ñnal outcome <strong>of</strong> these matters will not materially aÅect the<br />

consolidated Ñnancial condition <strong>of</strong> the registrant.<br />

Item 4. Submission <strong>of</strong> Matters to a Vote <strong>of</strong> Security Holders<br />

No matters were submitted to a vote <strong>of</strong> the shareholders during the quarter ended December 31,<br />

<strong>2005</strong>.<br />

18

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