COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

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57. Additionally, the reduced pool of potential purchasers exposes agents to therisk that Allstate will unilaterally terminate an agent’s Agreement leaving the agentwithout any viable opportunity to sell his or her interest in the book of business within theninety (90) day window of opportunity provided by Allstate under the Agreement.WHERE<strong>FOR</strong>E, Plaintiff seeks a declaration by the Court under the terms of theAgreement that Allstate may not restrict or prohibit sales of books of business to existingor future Allstate agents by imposing heightened requirements for approval of salesbeyond those requirements set forth in the original Agreement. In addition, Plaintiffseeks a declaration by the Court under the terms of the Agreement that Allstate mustprovide agents written notice of the denial of a proposed sale of the book of businessincluding the reasons for the denial.COUNT IIBREACH OF IMPLIED COVENANT OFGOOD FAITH <strong>AND</strong> FAIR DEALING(Seeking a Judicial Declaration That Allstate May Not Restrictor Prohibit Sales of Books of Business by Imposing HeightenedRequirements for Approval)58. There exists within the Agreement between Allstate and its agents an impliedcovenant of good faith and fair dealing.
59. The Agreement provides Allstate agents, including NAPAA’s agent membersin Florida, an ownership interest in their books of business.60. The Agreement recognizes an agent’s right to sell his or her interest in thebook of business, including transfers to existing Allstate agents, upon receiving priorapproval from Allstate.61. The Agreement, by reference to the express standards set out in the manual,sets forth specific requirements which must be met before a sale may be made to aprospective purchaser.62. Allstate has, both nationally and specifically in Florida, made statementsindicating that it has heightened the express requirements that must be met by existingAllstate agents who seek to purchase another agent’s book of business.63. Allstate has, both nationally and specifically in Florida, made statementsindicating that it will not, as a general rule, approve sales of books of business to existingAllstate agents.64. Allstate has, both nationally and specifically in Florida, refused to approvesales of books of business either because the proposed purchaser is, in fact, an existingAllstate agent or because the proposed purchaser does not meet the heightenedrequirements Allstate has set forth.writing.65. Typically, Allstate will not put the basis for its refusal of a proposed sale in
Page 1 and 2: COMPLAINT FOR DECLARATORY RELIEFAND
Page 3 and 4: 11. Before introducing the Independ
Page 5 and 6: 23. According to the information bo
Page 7 and 8: . Buying agent must demonstrate abi
Page 9 and 10: 39. The Agreement provides that the
Page 11: 50. Allstate has, both nationally a
Page 15 and 16: FRAUDULENT INDUCEMENT(Seeking a Jud
Page 17 and 18: 79. In the spring of 2000, Allstate
Page 19 and 20: 91. Moreover, for the first time, A
Page 21 and 22: 103. Plaintiff disputes Allstate’
Page 23 and 24: WHEREFORE, Plaintiff seeks a declar
Page 25 and 26: 120. Under present operations, Alls
Page 27 and 28: NAPAA’s agent members in Florida,
Page 29: JAMES E. FELMAN, ESQ.100 South Ashl

COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

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