Allianz Will Pay $12M to Settle Erisa Class Action Lawsuit

Bradley/Grombacher, LLP • January 30, 2018

Allianz Asset Management has agreed to pay $12 million to settle a 2015 lawsuit that alleged the company violated the Employee Retirement Income Security Act.

According to the lawsuit, Allianz violated the law protecting workers’ retirement funds by engaging in self-dealing. The plaintiffs said that Allianz used 401(k) assets for their own financial benefit.

Now, Allianz will pay $12 million into a benefit fund for plan participants as part of the ERISA settlement. The $12 million will be allocated to members based on their account balances during the time of the alleged ERISA violations.

The ERISA settlement also requires the asset management company to make administrative changes and an independent monitor be appointed to review investment lineups on a yearly basis.

“During the course of the litigation,” notes the ERISA settlement motion.” “The settling parties engaged in substantial discovery. This included production of over 160,000 pages of documents by defendants; production of additional documents by the class representatives; production of documents by non-parties; seven depositions of defense fact witnesses; depositions of each of the named plaintiffs; and one third-party fact witness deposition. In addition, the settling parties also exchanged reports from their respective experts, including three reports from plaintiffs’ experts (Ian Ayres, Ph.D., Steve Pomerantz, Ph.D., and Marcia Wagner, Esq.) and four reports from defendants’ experts (Randolph Bucklin, Ph.D., Russell Wermers, Ph.D., Raymond Kanner, and Kristen Willard, Ph.D.). All seven experts were deposed by counsel for the settling parties.”

Plan participants hit Allianz with a lawsuit alleging ERISA violations after discovering that the total plan cost for their 401(k) was 0.77 percent.

The lawsuit alleged the cost was “outrageously high for a defined contribution plan with over $500 million in assets.”

The ERISA lawsuit accused Allianz and other plan administrators of “[treating] the plan as an opportunity to promote the Allianz Family’s mutual fund business and maximize profits at the expense of the Plan and its participants.”

According to the lawsuit, Allianz violated ERISA by costing plan participants millions of dollars in excess fees every year. Fees were 75 percent higher than the average retirement plan in the same class, alleged the plaintiffs, costing plan participants $2.5 million in excess fees in a single year, 2013.

ERISA Protections

The Employee Retirement Income Security Act of 1974 (ERISA) provides protection for certain types of retirement and pension plans as well as for disability insurance, life insurance and health plans. Under the law, companies that administer these plans need to meet certain requirements, called fiduciary duties. These duties include providing plan participants sufficient information about the plan, setting standards for participation, vesting and accrual, oversight and accountability, and meeting standards of conduct.

ERISA also provides plan participants the right to file a lawsuit against plan administrators if they breach their fiduciary duties.

The Allianz ERISA Lawsuit is Urakhchin, et al. v. Allianz Asset Management of America, L.P., et al., Case No. 8:15-cv-01614-JLS-JCG, in the U.S. District Court for the Central District of California.

If you are concerned about the management of your retirement or pension plan, contact an experienced ERISA attorney at Bradley/Grombacher today.

Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit. 

By kileygrombacher January 16, 2025
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Photograph and Videotape: Take extensive photos and videos of all damage to your property, both inside and out, before any cleanup or repairs begin. Capture wide shots and close-ups, documenting the full extent of the destruction. Create a Detailed Inventory: Compile a comprehensive list of all damaged, destroyed, or lost personal belongings. Include descriptions, quantities, estimated values, and any available receipts, purchase records, or appraisals. Keep All Receipts: Save every receipt related to expenses incurred due to the fire, including temporary housing, meals, clothing, transportation, and any other out-of-pocket costs. Throwing Away Damaged Items Before the Adjuster's Inspection: Resist the urge to discard damaged items before the insurance adjuster has had a chance to inspect them. These items serve as crucial evidence to support your claim. If you must dispose of anything for safety or health reasons, take detailed photographs and videos first, and notify your adjuster. Not Understanding Your Policy: Your homeowners insurance policy is a complex legal document. Failing to thoroughly understand its terms, coverage limits, exclusions, and your responsibilities as a policyholder can lead to costly mistakes. If anything is unclear, seek clarification from your agent or an attorney. Pay particular attention to: Dwelling Coverage Limits: The maximum amount your insurer will pay to repair or rebuild your home. Personal Property Coverage: The limits for replacing your belongings. Loss of Use/Additional Living Expenses (ALE): The extent of coverage for temporary housing and other living expenses. Deductibles: The amount you must pay out-of-pocket before your coverage kicks in. Exclusions: Any specific types of damage or losses that are not covered. Accepting the First Offer Without Question: The first settlement offer from your insurance company is often a lowball offer, especially after a major event like a wildfire. They are hoping you'll accept it out of desperation or lack of knowledge. Don't be afraid to negotiate or seek a second opinion from an independent contractor or a lawyer. Downplaying Your Losses or Damages: Be honest and thorough when describing your losses to the insurance adjuster. Don't minimize the damage or omit items from your inventory. It's better to overestimate initially than to leave something out and have to fight for it later. Making Permanent Repairs Before Authorization: Avoid making any permanent repairs to your property before obtaining authorization from your insurance company. They may deny coverage for repairs made without their approval. Emergency repairs to prevent further damage are usually acceptable, but document them thoroughly and notify your insurer as soon as possible. Not Keeping Records of Communication: Document every interaction with your insurance company, including phone calls, emails, and in-person meetings. 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If you or a loved one suffered a personal injury due to someone else's negligence in connection with a wildfire, you may be entitled to compensation for: Medical Expenses: Past and future medical bills related to your injuries. Lost Wages: Income lost due to your inability to work. Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish. Loss of Consortium: Compensation to your spouse for the loss of companionship and support. 4. Your Right to Compensation for Lost Income or Business Interruption If a wildfire forced you to miss work or resulted in the closure of your business, you may have legal recourse: Lost Wages: If your employer wrongfully terminated you, failed to pay you, or denied you reasonable accommodations after a wildfire, you may be able to recover lost wages under California employment law. Business Interruption Insurance: If you have business interruption coverage as part of your commercial insurance policy, you may be able to recover lost profits and other expenses incurred due to the wildfire's impact on your business. 5. Your Right to Legal Representation Navigating the legal complexities after a wildfire can be daunting. An experienced attorney can be your advocate and guide, helping you to: Understand Your Rights: Provide clear explanations of your legal options and the applicable laws. Gather Evidence: Collect and preserve the necessary evidence to support your claims. Negotiate with Insurance Companies: Engage in strategic negotiations to secure a fair settlement. File Lawsuits: Take legal action against responsible parties, whether it be insurance companies, utility companies, government entities, or negligent individuals. Represent You in Court: Provide skilled representation in court if litigation becomes necessary. Bradley/Grombacher LLP: Dedicated to Helping Wildfire Victims At Bradley/Grombacher LLP, we understand the impact wildfires have on individuals, families, and communities. With over 50 years of combined experience in personal injury, employment law, and consumer law , we have the knowledge and skills to effectively advocate for your rights and secure the compensation you deserve. We're committed to: Holding negligent parties accountable. Maximizing your financial recovery. Providing compassionate and personalized legal representation. Take the First Step: Contact Us for a Free Consultation If you've been affected by a California wildfire, including the recent Palisades Fire, don't hesitate to contact Bradley/Grombacher LLP for a free, confidential consultation . We'll listen to your story, answer your questions, and provide an honest assessment of your legal options. Call us at (866) 881-0403 or fill out our online contact form. Let us help you navigate the path toward recovery and justice.
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