Class Action Filed Against LPL Financial Relating to Phoenix/PHL Variable Insurance Products

A class action lawsuit, Nietz v. LPL Financial LLC, has been filed in the U.S. District Court for the Southern District of California against LPL Financial LLC. The lawsuit alleges that LPL breached its fiduciary duties by failing to disclose critical information regarding the financial condition of The Phoenix Companies, Inc. and its subsidiary, PHL Variable Insurance Company, to clients who purchased certain annuity and life insurance products through LPL investment advisors.

The complaint asserts that after credit rating agencies downgraded Phoenix starting in 2009, LPL stopped offering the products but failed to notify existing policyholders while continuing to collect trail commissions. This comes in the wake of the Connecticut Insurance Department placing PHL Variable Insurance Company into rehabilitation in May 2024, which restricts certain policy withdrawals and benefits. The plaintiff seeks certification of a nationwide class and alleges professional negligence, fraudulent concealment, and violations of consumer protection laws.

This litigation is part of a broader trend of legal action involving Phoenix/PHL products, including a separate pending lawsuit against State Farm Mutual Automobile Insurance Company for similar alleged failures to disclose financial instability.

(Source：Markets Insider)