899 F.Supp. 848 (D.N.H. 1995), Civ. 94-296, Robinson v. Bankers Life and Cas. Co.

Docket NºCiv. 94-296
Citation899 F.Supp. 848
Party NameRobinson v. Bankers Life and Cas. Co.
Case DateMay 03, 1995
CourtUnited States District Courts, 1st Circuit, District of New Hampshire

Page 848

899 F.Supp. 848 (D.N.H. 1995)

Dale S. ROBINSON, Plaintiff,

v.

BANKERS LIFE AND CASUALTY COMPANY; and Bruce Jordan, Defendants.

Civ. No. 94-296-M.

United States District Court, D. New Hampshire.

May 3, 1995

Page 849

Russell F. Hilliard, Upton, Sanders & Smith, Concord, NH, for defendants.

Dale Robinson, pro se.

ORDER

McAULIFFE, District Judge.

Plaintiff's pro se amended complaint is written in a style difficult to understand. He seems to be raising federal and state causes of action based on discrimination at the hands of his alleged employer because of his disability, seasonal affective disorder. His federal claim(s), at least, suffer from fatal defects.

To the extent plaintiff attempts to assert a claim under the Rehabilitation Act of 1973, 29 U.S.C. § 794, his complaint necessarily fails because he does not allege that his employer qualifies as a "program or activity receiving federal financial assistance" (and it is clear that neither Defendant Bankers Life and Casualty Company, nor Defendant Bruce Jordan, is such an activity). To the extent plaintiff references, and asserts a claim under, the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., his complaint is defective in at least two ways. First, the unrebutted affidavit filed by defendants in support of their motion to dismiss establishes that:

· Plaintiff signed a contract with Banker's Life in which he agreed to an agent/independent contractor, not an employer-employee, relationship. Plaintiff was an agent of the defendant insurance company, authorized to sell its policies in a designated territory;

· Defendant paid plaintiff strictly on a commission basis, did not deduct any amount for income tax withholding, and accounted for commissions paid using IRS form 1099;

· Defendant did not provide sick leave or paid vacation time and did not purport to set plaintiff's hours or assign specific duties. Plaintiff carried out his insurance sales efforts on a self-directed basis, providing his own transportation at his own expense, providing his own administrative support at his own expense, and setting his own schedule and level of effort;

· Plaintiff was responsible for obtaining and maintaining, at his own expense, whatever licenses or permits might be required within his assigned territory.

Given these uncontroverted circumstances, and...

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5 practice notes
  • 1 S.W.3d 555 (Mo.App. W.D. 1999), 55679, Sloan v. Bankers Life & Cas. Co.
    • United States
    • Missouri Court of Appeals of Missouri
    • July 20, 1999
    ...factors related to control are more consistent with independent contractor status. In Robinson v. Bankers Life & Cas. Co., 899 F.Supp. 848, 849 (D.N.H.1995), the United States District Court for the District of New Hampshire found that a Bankers Life insurance agent, with an agent contr......
  • 140 F.3d 31 (1st Cir. 1998), 97-1592, Dykes v. DePuy, Inc.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the First Circuit
    • April 3, 1998
    ...v. J. Abouchar & Sons, Inc., No. 95-C-5423, 1997 WL 51601, at * 1 (N.D.Ill. Feb. 4, 1997); Robinson v. Bankers Life & Cas. Co., 899 F.Supp. 848, 849 (D.N.H.1995). The parties' agreement on this point obviates any need for us to decide the question [7] Although Dykes admits that he c......
  • 116 F.3d 310 (8th Cir. 1997), 96-2294, Birchem v. Knights of Columbus
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • May 30, 1997
    ...United States EEOC v. Catholic Knights Ins. Soc'y, 915 F.Supp. 25 (N.D.Ill.1996) (Title VII); Robinson v. Bankers Life & Cas. Co., 899 F.Supp. 848 (D.N.H.1995) (ADA). Although some aspects of KOC's relationship with its field agents would be consistent with employment, the balance of fa......
  • Maune v. Bankers Life and Casualty Co., 100512 IDDC, 4:10-cv-00074-BLW
    • United States
    • Federal Cases United States District Courts 9th Circuit District of Idaho
    • October 5, 2012
    ...and Title VII." 613 F.3d, at 944-45. The Court also finds persuasive the decision in Ribinson v. Bankers Life and Casualty Co., 899 F.Supp. 848, 849 (D.N.H. 1995) finding another Bankers Life insurance agent to be an independent Consideration of all the facts in the record and the Nint......
  • Request a trial to view additional results
5 cases
  • 1 S.W.3d 555 (Mo.App. W.D. 1999), 55679, Sloan v. Bankers Life & Cas. Co.
    • United States
    • Missouri Court of Appeals of Missouri
    • July 20, 1999
    ...factors related to control are more consistent with independent contractor status. In Robinson v. Bankers Life & Cas. Co., 899 F.Supp. 848, 849 (D.N.H.1995), the United States District Court for the District of New Hampshire found that a Bankers Life insurance agent, with an agent contr......
  • 140 F.3d 31 (1st Cir. 1998), 97-1592, Dykes v. DePuy, Inc.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the First Circuit
    • April 3, 1998
    ...v. J. Abouchar & Sons, Inc., No. 95-C-5423, 1997 WL 51601, at * 1 (N.D.Ill. Feb. 4, 1997); Robinson v. Bankers Life & Cas. Co., 899 F.Supp. 848, 849 (D.N.H.1995). The parties' agreement on this point obviates any need for us to decide the question [7] Although Dykes admits that he c......
  • 116 F.3d 310 (8th Cir. 1997), 96-2294, Birchem v. Knights of Columbus
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • May 30, 1997
    ...United States EEOC v. Catholic Knights Ins. Soc'y, 915 F.Supp. 25 (N.D.Ill.1996) (Title VII); Robinson v. Bankers Life & Cas. Co., 899 F.Supp. 848 (D.N.H.1995) (ADA). Although some aspects of KOC's relationship with its field agents would be consistent with employment, the balance of fa......
  • Maune v. Bankers Life and Casualty Co., 100512 IDDC, 4:10-cv-00074-BLW
    • United States
    • Federal Cases United States District Courts 9th Circuit District of Idaho
    • October 5, 2012
    ...and Title VII." 613 F.3d, at 944-45. The Court also finds persuasive the decision in Ribinson v. Bankers Life and Casualty Co., 899 F.Supp. 848, 849 (D.N.H. 1995) finding another Bankers Life insurance agent to be an independent Consideration of all the facts in the record and the Nint......
  • Request a trial to view additional results