COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

66. Plaintiff disputes Allstate’s position that it may unilaterally modify therequirements necessary for a transfer of a book of business and contends that thismodification represents a breach of the implied covenant of good faith and fair dealingcontained within the Agreement.67. As a result of Allstate’s unilateral modification of the requirements fortransferring the book of business to an existing Allstate agent, all Allstate agents,including NAPAA’s agent members in Florida, have suffered and will continue to sufferinjury.68. The heightened standards have shrunk the pool of potential purchaserscausing a deflation in value of the books of business.69. Additionally, the heightened requirements have deprived a number of Allstateagents of the opportunity to acquire additional books of business.WHEREFORE, 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, Plaintiff seeksa declaration by the Court under the terms of the Agreement that Allstate must provideagents written notice of the denial of a proposed sale of the book of business includingthe reasons for the denial.COUNT III