COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

107. 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.108. In many instances, the caller being forwarded to Allstate for insurancesales is responding to advertising obtained and paid for by the agent.109. Additionally, the caller is initially placing the call on a telephone lineobtained and paid for by the agent.by the agency.110. Further, the caller is often responding directly to the good will established111. 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 commissions on thesesales.112. Plaintiff disputes Allstate’s contention that Allstate has no obligation topay commissions on sales from forwarded calls and maintains that Allstate’s failure to doso represents a breach of the implied covenant of good faith and fair dealing.