COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

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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.
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 VIIIBREACH OF CONTRACT(Seeking a Judicial Declaration That Agents are not Required toEngage in or Refrain From Certain Business Practices)113. The “C” version of the Agreement (applicable to incorporated agencies)provides that: “The relationship between [Allstate] and Agency and its officers,directors, shareholders, members, employees, and other persons working in connectionwith this Agreement, will be that of an independent contractor for all purposes.” Exhibit2.A, p 1.114. The “S” version of the Agreement (applicable to sole proprietors) states:“You are an independent contractor for all purposes and not an employee of theCompany. You will have full control of your time and the right to exercise independentjudgment as to the time, place, and manner of performing your duties, which are definedin this Agreement and the incorporated Supplement, EA Manual and Agency Standards.”Exhibit 2.B, p 1.115. Notwithstanding the express terms of the Agreement, Allstate hasrepeatedly attempted to exert a level of control over the independent contractor agents
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 and 20: 91. Moreover, for the first time, A
Page 21: 103. Plaintiff disputes Allstate’
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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