Streiff v. American Family Mut. Ins. Co., No. 82-599.
| Court | Court of Appeals of Wisconsin |
| Writing for the Court | Gartzke, P.J., Dykman, J. and W.L. Jackman, Reserve |
| Citation | 337 N.W.2d 186,114 Wis.2d 63 |
| Docket Number | No. 82-599. |
| Decision Date | 07 June 1983 |
| Parties | Dennis C. STREIFF, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Respondent. |
114 Wis.2d 63
337 N.W.2d 186
Dennis C. STREIFF, Plaintiff-Appellant,
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Respondent.†
No. 82-599.
Court of Appeals of Wisconsin.
Argued March 16, 1983.
Decided June 7, 1983.
For the plaintiff-appellant there were briefs by John G. Thomson and Sandra R. Heimann and Howden & Franken of New Glarus, and oral argument by Sandra R. Heimann.
For the defendant-respondent there was a brief by Charles R. Wellington and Kittelsen, Barry, Ross & Wellington of Monroe, and oral argument by Charles R. Wellington.
Before Gartzke, P.J., Dykman, J. and W.L. Jackman, Reserve Judge.
W.L. JACKMAN, Reserve Judge.
Dennis Streiff appeals from an order granting summary judgment to respondent, American Family Mutual Insurance Company, on his claim for "extended earnings" he asserts were due him as its former agent. American Family's refusal to pay Streiff was based on his violation of a restrictive covenant contained in the "Career Agent's Agreement" (Agreement). Streiff argued that the covenant was void. The trial court held that it was enforceable and granted summary judgment to American Family. We affirm.
When reviewing a trial court's grant of summary judgment, this court must apply the same standard of review as did the trial court. Sec. 802.08, Stats. Board of Regents v. Mussallem, 94 Wis. 2d 657, 674, 289 N.W.2d 801, 809 (1980). Summary judgment is appropriate where there are no issues of material fact and the moving party is entitled to judgment as a matter of law.
Both parties moved for summary judgment. This was the equivalent of a stipulation of facts, permitting the
The stipulated facts are as follows: Streiff is an insurance agent in New Glarus. He became an agent for American Family in 1967, and operated primarily in northern Green and southern Dane Counties. A small percentage of his policyholders resided outside this area. American Family terminated Streiff's agency on April 1, 1980. The following day, Streiff solicited his former policyholders to continue to do business with him.
Section 5h of the Agreement between Streiff and American Family provides:
After termination of this agreement, the agent shall refrain from further solicitation of policyholders for the company and from further servicing of policyholders of the company, and, for a period of one year after such termination, anywhere within a radius of 50 miles from the location of the agent's place of business under this agreement on the date of such termination, shall not induce or attempt to induce or cause another or others to induce or attempt to induce any policyholder to replace, lapse or cancel any policy of insurance written by the company.
Section 5i of the Agreement provides that, if an agent is terminated, American Family will pay him or her "as extended earnings, a percentage of the renewal service fees paid him by the company during the twelve-calendar-month period immediately preceding the month during which this agreement is terminated," provided, inter alia, "(3) the agent has complied with all the terms and conditions of this section and of this entire agreement...." Streiff's extended earnings would have amounted to $33,827.
A further section of section 5i of the Agreement provides:
If, while being paid extended earnings, the agent associates himself in any sales or...
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...of a stipulation of facts permitting the trial court to decide the case on the legal issues." Streiff v. American Family Mut. Ins. Co., 114 Wis.2d 63, 64-65, 337 N.W.2d 186, 187 (Ct.App.1983), rev'd on other grounds, 118 Wis.2d 602, 348 N.W.2d 505 (1984). In resolving this issue, we apply t......
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Friendship Village of Greater Milwaukee, Inc. v. City of Milwaukee, No. 92-1895
...of a stipulation of facts permitting the trial court to decide the case on the legal issues." Streiff v. American Family Mut. Ins. Co., 114 Wis.2d 63, 64-65, 337 N.W.2d 186, 187 (Ct.App.1983), rev'd on other grounds, 118 Wis.2d 602, 348 N.W.2d 505 (1984). In resolving this issue, we apply t......
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Duhame by Corrigal v. Duhame, No. 89-0148
...192 N.W.2d 852, 854 (1972), and permitted the trial court to decide the legal issue presented. Streiff v. American Family Mut. Ins. Co., 114 Wis.2d 63, 64-65, 337 N.W.2d 186, 187 (Ct.App.1983), rev'd on other grounds, 118 Wis.2d 602, 348 N.W.2d 505 (1984). The construction of a stipulation ......
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