The information contained on this web page is only a summary of information presented in more detail in the Long Form Notice (the “Notice”), which you can access by clicking HERE. This website is just a summary, you should review the Notice for additional information.

Plaintiff alleges that the ON Entities (ONLIC, ONEQ, and ONFS) breached form Selling Agreements with Plaintiff and the putative class when after terminating the Selling Agreements, they ceased paying certain trail commissions for ONcore Variable Annuities to the putative class. Plaintiff contends that the ON Entities have the obligation to pay trail commissions as to ONcore Variable Annuities even after a Selling Agreement is terminated, without cause, so long as the broker-dealer remains the broker-dealer of record for those ONcore Variable Annuities and those ONcore Variable Annuities have not been surrendered or annuitized.

NSLAC is a subsidiary of ONLIC. Like the ON Entities, it entered into Selling (sometimes called “Distribution”) agreements with certain broker-dealers. Like the ON Entities, NSLAC also terminated its Selling Agreements with certain putative class members and ceased paying certain trail commissions for NScore Variable Annuities to those putative class members. (The ON Entities and NSLAC are collectively referred to as "Ohio National.")

Defendant, Ohio National, disputes Plaintiff’s allegations in its Complaint and maintains that, under the language of the pertinent Selling Agreements, including the ONcore and/or Nscore Commission Schedule attached to and incorporated therein, ONLIC and/or NSLAC were not obligated to pay ON Variable Annuity trail commissions to a broker-dealer after the broker-dealer’s Selling Agreement was terminated, even if such termination was without cause.

This Settlement is the result of good faith, arm’s-length settlement negotiations that took place only after the Parties engaged in substantial discovery in the Action over the course of over six years of litigation. 

The Parties understand, acknowledge, and agree that the execution of the Settlement Agreement constitutes the settlement and compromise of disputed claims. The Parties desire and intend to effect a full, complete, and final settlement and resolution of all existing disputes and claims as set forth in the Settlement Agreement.

The Court has not yet ruled on the merits of the Class’s claims or Defendant’s defenses. The Settlement is a compromise and is not an admission of liability on the part of Defendant.

If you are a Settlement Sub-Class Member, your legal rights will be affected by this Settlement whether you act or do not act.

Please read the Notice carefully.

If you are a Settlement Sub-Class Member, your options are:

The class action lawsuit concerns “all broker-dealers that entered into a form Selling Agreement with Ohio National (defined below) that Ohio National terminated effective December 2018, without cause, and to whom Ohio National ceased paying trail commissions or equivalent servicing fees of any sort in connection with any ONcore and/or NScore Variable Annuities following such termination” or “all broker-dealers that entered into a form Selling Agreement with Ohio National (defined below) that Ohio National terminated effective December 2018, without cause, and to whom Ohio National ceased paying trail commissions in connection with ONcore and/or NScore Variable Annuities following such termination, but to whom Ohio National thereafter paid servicing fees.”

This website provides a summary of your rights and options. Your rights and options, and the deadlines to exercise them, along with terms of the proposed Settlement are explained further in the Notice. The most comprehensive explanation of your rights and options is contained in the Settlement Agreement.

****DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE.****