Morton J. Carlile, Morton J. Carlile Insurance Agency Inc. v. Farmers Group Inc., et al.
Published: Dec. 16, 2003 | Result Date: Oct. 10, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC795112 Verdict – $328,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Leonard Brazil
(Clark & Trevithick)
Experts
Plaintiff
Brian Bergmark
(technical)
Defendant
Thomas K. MacDonald
(technical)
Facts
The plaintiff, Morton J. Carlile, was a Farmers district manager who built and managed an insurance district. In April 2002, there were 55 insurance agents in his district. The plaintiff began his career as a Farmers district manager in 1956. He had an extremely successful career but, in the mid to late 1990s, he was losing a substantial number of agents and his performance was not meeting the minimum acceptable performance standards established by the companies. He failed to meet the minimum acceptable performance standards for consecutive years and was informed he would be subject to termination if his district did not meet those standards in the third year. His district failed to meet the standards. The plaintiff was given the option to resign or be terminated. He negotiated a resignation which, among other things, permitted him to continue as a district manager for an additional 11 months. During that 11-month period, he attempted to either rescind his resignation or extend the effective date of the resignation. The defendants refused and notified him that his termination would be effective on April 1, 2002, both to enforce his resignation and for poor performance. The plaintiffs sought compensatory damages of approximately $2.5 million for past and future lost profits.
Settlement Discussions
According to the defendant: The plaintiff demanded $5 million; the defendant made no offer.
Damages
Lost future profits.
Deliberation
10 hours
Length
six days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390