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Legal Proceedings
3 Months Ended
Mar. 31, 2018
Legal Proceedings [Abstract]  
Legal Proceedings
NOTE 12 LEGAL PROCEEDINGS
 
We establish accruals for legal proceedings, including litigation and regulatory and governmental investigations and inquiries, when information related to the loss contingencies represented by those matters indicates both that a loss is probable and that the amount of loss can be reasonably estimated. Any such accruals are adjusted thereafter as appropriate to reflect changed circumstances. When we are able to do so, we also determine estimates of possible losses or ranges of possible losses, whether in excess of any related accrued liability or where there is no accrued liability, for disclosed legal proceedings (“Disclosed Matters,” which are those matters disclosed in this Note 12 as well as those matters disclosed in Note 19 Legal Proceedings in Part II, Item 8 of our 2017 Form 10-K (such prior disclosure referred to as “Prior Disclosure”)). For Disclosed Matters where we are able to estimate such possible losses or ranges of possible losses, as of March 31, 2018, we estimate that it is reasonably possible that we could incur losses in an aggregate amount of up to approximately $100 million. The estimates included in this amount are based on our analysis of currently available information and are subject to significant judgment and a variety of assumptions and uncertainties. As new information is obtained we may change our estimates. Due to the inherent subjectivity of the assessments and unpredictability of outcomes of legal proceedings, any amounts accrued or included in this aggregate amount may not represent the ultimate loss to us from the legal proceedings in question. Thus, our exposure and ultimate losses may be higher, and possibly significantly so, than the amounts accrued or this aggregate amount.

As a result of the types of factors described in Note 19 in our 2017 Form 10-K, we are unable, at this time, to estimate the losses that it is reasonably possible that we could incur or ranges of such losses with respect to some of the matters disclosed, and the aggregate estimated amount provided above does not include an estimate for every Disclosed Matter. Therefore, as the estimated aggregate amount disclosed above does not include all of the Disclosed Matters, the amount disclosed above does not represent our maximum reasonably possible loss exposure for all of the Disclosed Matters. The estimated aggregate amount also does not reflect any of our exposure to matters not so disclosed, as discussed below under “Other.”

We include in some of the descriptions of individual Disclosed Matters certain quantitative information related to the plaintiff’s claim against us as alleged in the plaintiff’s pleadings or other public filings or otherwise publicly available information. While information of this type may provide insight into the potential magnitude of a matter, it does not necessarily represent our estimate of reasonably possible loss or our judgment as to any currently appropriate accrual.

Some of our exposure in Disclosed Matters may be offset by applicable insurance coverage. We do not consider the possible availability of insurance coverage in determining the amounts of any accruals (although we record the amount of related insurance recoveries that are deemed probable up to the amount of the accrual) or in determining any estimates of possible losses or ranges of possible losses.

Captive Mortgage Reinsurance Litigation

PNC has reached an agreement in principle with the plaintiffs to settle White et. al v. The PNC Financial Services Group, Inc. et al. (Civil Action No. 11-7928), pending in the U.S. District Court for the Eastern District of Pennsylvania. This settlement is subject to, among other things, final documentation.  The financial impact of the settlement will not be material to PNC.

Residential Mortgage-Backed Securities Indemnification Demands

In March 2018, one of the entities asserting a right to indemnification from us against claims in lawsuits brought by purchasers of residential mortgage-backed securities allegedly including loans sold by National City Mortgage submitted a demand for our purported share of the settlement amount of some of these lawsuits.

Mortgage Foreclosure False Claims Act Lawsuit

PNC Bank was named as a defendant, along with 13 other mortgage servicers and several law firms and affiliated entities, in a qui tam lawsuit brought in the United States District Court for the Southern District of New York by an individual plaintiff on behalf of the United States under the federal False Claims Act (United States ex rel. Grubea v. Rosicki, Rosicki & Associates, P.C., et al. (12 Civ. 7199 (JSR)). The lawsuit was originally filed under seal, with a second amended complaint unsealed by the district court in March 2018 and a third amended complaint filed in April 2018. A related lawsuit was filed against two other mortgage servicers at the same time.

In the third amended complaint, the plaintiff alleges, as relevant to PNC Bank and the other mortgage servicers, that the mortgage servicers made excessive claims for reimbursement from the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC) and the Federal Housing Administration (FHA) for costs incurred in connection with foreclosures on residential mortgage loans purchased or guaranteed by FNMA or FHLMC or insured by FHA in violation of the relevant regulations and applicable contractual reimbursement terms. The plaintiff seeks, among other things, unspecified damages equal to the damage to the United States (including treble damages under the False Claims Act), unspecified civil penalties, and attorneys’ fees and other costs of bringing this lawsuit. The government declined to intervene in the action, but is prosecuting a related suit against one of the law firms and certain affiliated entities. The district court has set a trial date for March 2019.

This lawsuit is related to the subject matter of the 2013 subpoena from the U.S. Attorney’s Office for the Southern District of New York described in Note 19 in our 2017 Form 10-K under “Other Regulatory and Governmental Inquiries.”

Other Regulatory and Governmental Inquiries

We are the subject of investigations, audits and other forms of regulatory and governmental inquiry covering a broad range of issues in our consumer, mortgage, brokerage, securities and other financial services businesses, as well as other aspects of our operations. In some cases, these inquiries are part of reviews of specified activities at multiple industry participants; in others, they are directed at PNC individually. These inquiries, including those described in Prior Disclosure, may lead to administrative, civil or criminal proceedings, and possibly result in remedies including fines, penalties, restitution, or alterations in our business practices, and in additional expenses and collateral costs and other consequences. These inquiries may result in significant reputational harm or other adverse collateral consequences even if direct resulting remedies are not material to us.

Our practice is to cooperate fully with regulatory and governmental investigations, audits and other inquiries, including those described in Prior Disclosure.

Other

In addition to the proceedings or other matters described above and in Prior Disclosure, PNC and persons to whom we may have indemnification obligations, in the normal course of business, are subject to various other pending and threatened legal proceedings in which claims for monetary damages and other relief are asserted. We do not anticipate, at the present time, that the ultimate aggregate liability, if any, arising out of such other legal proceedings will have a material adverse effect on our financial position. However, we cannot now determine whether or not any claims asserted against us or others to whom we may have indemnification obligations, whether in the proceedings or other matters described above or otherwise, will have a material adverse effect on our results of operations in any future reporting period, which will depend on, among other things, the amount of the loss resulting from the claim and the amount of income otherwise reported for the reporting period.