Robert Evans v. Farmers Insurance Exchange, et al.
Published: Dec. 10, 2002 | Result Date: Nov. 13, 2002 | Filing Date: Jan. 1, 1900 |Case number: SCV221296 Verdict – $0
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
Christopher S. Maile
(Tharpe & Howell LLP)
Experts
Plaintiff
Robert W. Johnson CPA
(technical)
Defendant
Thomas K. MacDonald
(technical)
Facts
The plaintiff was a 22-year insurance agent for the defendants. In September, 1997, the defendants notified the plaintiff that they were dissatisfied with the deterioration in his agency caused by a loss of customers, low new business production and unprofitable underwriting results. The defendants gave the plaintiff six months to correct the deficiencies in his agency. During the six-month period, the defendants discovered evidence suggesting the existence of a possible conflict of interest resulting from the plaintiff sharing office space with his wife, an insurance solicitor, who appeared to be placing insurance with the defendants' competitors. When the defendants were unsuccessful in obtaining information from the plaintiff regarding the possible conflict of interest situation, and the plaintiff failed to correct the deficiencies within his agency, the defendants notified the plaintiff that his Agent Appointment Agreement was being terminated on three month's written notice.
Settlement Discussions
The plaintiff submitted a demand of $600,000; the defendants offered, by way of C.C.P. Section 998, $21,000.
Damages
The plaintiff claimed damages of $493,000. The defendants estimated the purported lost profit damages to be circa $37,940.
Deliberation
four hours
Length
25 days
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