COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

120. Under present operations, Allstate maintains a bank account at its expenseinto which the Allstate agent deposits any Allstate funds collected by the agent onAllstate’s behalf.121. Under the proposed conversion, an agent will now be required to scanchecks manually with a check reader provided and installed by Allstate. In addition, theagent will be required to establish and maintain at the agent’s expense a separate bankaccount into which the agent will deposit any funds or checks that cannot be processedwith the check reader.122. One of the express purposes of this new “agency remittance process” is to“decrease Allstate’s banking costs.”123. To the extent Allstate seeks to restrain or proscribe certain conduct byagents in a fashion that is inconsistent with, contrary to, or in addition to the terms of theAgreement, such conduct by Allstate constitutes a breach of the Agreement.124. Allstate agents, including NAPAA’s agent members in Florida, havesuffered and will continue to suffer injury as a result of Allstate’s breach of theAgreement.WHEREFORE, Plaintiff seeks a declaration by this Court that:A. Allstate may not establish mandatory hours of operation for its agents ortheir agencies;