COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

More documents

Recommendations

Info

Allstate Agency Support Center. This includes telephone calls from existing agencycustomers, as well as prospective agency customers.98. The Allstate employee handling the forwarded call will, if the opportunityexists, attempt to solicit business from the caller. Unless the caller insists on beingreturned to the agent to write this business, Allstate will write the business directly andwill then, within its discretion, assign the business to any agent – not necessarily theagent through whose office the call was forwarded. The assigned business carries asignificantly reduced commission (both initially and in subsequent renewals) from thatwhich the agent would earn if he or she were allowed to write the business directly.99. In many instances, the caller being forwarded to Allstate for insurance sales isresponding to advertising obtained and paid for by the agent.100. Additionally, the caller is initially placing the call on a telephone lineobtained and paid for by the agent.by the agency.101. Further, the caller is often responding directly to the good will established102. The Agreement does not state that an agent shall be denied commissionson sales forwarded by the agent to Allstate through Allstate’s mandatory Agency SupportCenter. However, Allstate claims that it has no obligation to pay full commissions onthese sales.
103. Plaintiff disputes Allstate’s contention and maintains that, under the termsof the Agreement, agents are entitled to full commissions on sales to callers forwarded toAllstate by the agents.WHERE<strong>FOR</strong>E, Plaintiff seeks a declaration by the Court that under the terms andprovisions of the Agreement agents are entitled to receive full commissions on anybusiness generated from calls forwarded to Allstate Agency Support Centers.COUNT VIIBREACH OF IMPLIED CONTRACT OFGOOD FAITH <strong>AND</strong> FAIR DEALING(Seeking a Judicial Declaration That Agents Are Entitledto Commissions on Allstate Agency Support Center Sales)104. There exists within the Agreement between Allstate and its agents animplied covenant of good faith and fair dealing.105. The Agency Standards state that the agent will be required to forwardtelephone calls to an Allstate Agency Support Center when the agent’s office is not open.106. Under Allstate’s call-forwarding system, any call to an agency duringnon-business hours (including lunch) is forwarded directly to an Allstate employee at anAllstate Agency Support Center. This includes telephone calls from existing agencycustomers, as well as prospective agency customers.
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 and 12: 50. Allstate has, both nationally a
Page 13 and 14: 59. The Agreement provides Allstate
Page 15 and 16: FRAUDULENT INDUCEMENT(Seeking a Jud
Page 17 and 18: 79. In the spring of 2000, Allstate
Page 19: 91. Moreover, for the first time, A
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 ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?