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ARTICLE ID 30979
$________ - INSURANCE LAW - WRONGFUL TERMINATION FO AGENT CONTRACT - APPLICATION OF CONNECTICUT FRANCHISE PRACTICES ACT (CFPA) TO INSURANCE COMPANY IN ITS RELATIONSHIP WITH INDEPENDENT INSURANCE AGENT - INSURANCE AGENT HELD TO BE FRANCHISEE UNDER CFPA - UNABLE TO BE TERMINATED WITHOUT GOOD CAUSE.
U.S. District Court, District of Connecticut
The plaintiff was a 59-year-old independent insurance agent for
the defendant, Nationwide Mutual Insurance Company. The plaintiff
maintained that his contract with the defendant was wrongfully
terminated. The plaintiff maintained that the defendants actions
were actually violations of the Connecticut Franchise Act and the
Connecticut Unfair Trade Practices Act.
The plaintiff was one of the most successful and respected
independent insurance agents for the defendant for over 23 years
when the plaintiffs contract was terminated in January ________. The
plaintiff maintained that his contract with the defendant was
wrongfully terminated. The plaintiff maintained the defendant
violated an implied covenant of good faith and fair dealing in
addition to violating the Connecticut Franchise Act and the
Connecticut Unfair Trade Practices Act. The plaintiff alleged
that he was terminated without cause by a vindictive manager. The
plaintiff contended that the defendant Nationwide reportedly
never informed the plaintiff in writing why it terminated their
agreements with him, but contended that the plaintiff had
violated unidentified state law and unwritten company policy;
that it did not have to show it had good cause to terminate the
The defendant, Nationwide Insurance, maintained that the
plaintiff was properly terminated. The defendant maintained that
the typical industry contract with an independent insurance agent
contains a clause wherein the contract can be terminated at any
time with or without cause.
The defendant contended that it was within its contractual rights
to terminate the plaintiff and did not have to provide the
plaintiff with any reason for the termination. The defendant p 7 3
maintained that the plaintiff violated both company policies and
state law regarding payment of benefits and presented evidence to
show that the plaintiff violated Connecticut state law by
unfairly providing benefits to individuals when these same
benefits were not available to all. The defendant disputed the
plaintiffs assertions that the Connecticut Franchise Practices
Act and Unfair Trade Practices Act were applicable. The defendant
contended that the plaintiff had no rights under either of these
The trial in this matter lasted seven days and the jury
deliberated for one day before returning its verdict in favor of
the plaintiff and against the defendant. The jury awarded the
plaintiff $________ in compensatory damages.
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JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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