Wilmington v. Harvest Ins. Companies, 41A01-8706-CV-139
| Citation | 521 N.E.2d 953 |
| Decision Date | 20 April 1988 |
| Docket Number | No. 41A01-8706-CV-139,41A01-8706-CV-139 |
| Parties | Norman WILMINGTON, Plaintiff-Appellant, v. The HARVEST INSURANCE COMPANIES, d/b/a the Harvest Life Insurance Company, the Harvest Insurance Agency, Inc., and the Harvest Publishing Company, Defendants-Appellees. |
| Court | Court of Appeals of Indiana |
Page 953
v.
The HARVEST INSURANCE COMPANIES, d/b/a the Harvest Life
Insurance Company, the Harvest Insurance Agency,
Inc., and the Harvest Publishing
Company, Defendants-Appellees.
First District.
Page 954
Gary K. Kemper, Jenner & Kemper, Madison, for plaintiff-appellant.
Brian K. Burke, Todd M. Nierman, Baker & Daniels, Indianapolis, Stephen L. Huddleston, Franklin, for defendants-appellees.
NEAL, Judge.
Plaintiff-appellant, Norman Wilmington (Wilmington), appeals the granting of summary judgment by the Johnson Circuit Court in favor of the Harvest Insurance Companies, d/b/a/ The Harvest Life Insurance Company, The Harvest Insurance Agency, Inc., and the Harvest Publishing Company (hereinafter referred to collectively as Harvest unless separately stated), in his action for retaliatory discharge.
We affirm.
No dispute exists in the operative facts before the court. Harvest Life was authorized to sell insurance in Indiana, and Harvest Agency was its general agent. The manner of participation in the insurance activities by Harvest Publishing is not clear. On August 10, 1982, Harvest entered into written contracts with Wilmington as an independent contractor whereby Wilmington agreed to sell insurance in Indiana for Harvest. By the express terms of the contract no employer-employee relation existed between Harvest and Wilmington. Each party was free to terminate the agreement at any time upon written notice to the other party. The agreement expressly stated that Wilmington was prohibited from selling any policy of insurance for any other underwriter except Harvest, or an insurer approved by Harvest, or for underwriters which Harvest Agency served as a general agent.
Wilmington performed as agreed until April or May, 1984, at which time, without permission from Harvest, he commenced selling insurance for companies other than those involved with Harvest or those for which consent had been given. Although warned to stop, he persisted, and on July 3, 1984, Harvest gave him written notice of termination of the agreement. Thereafter, Wilmington brought suit alleging wrongful termination. In his suit he claimed (a) vested renewal commissions, and (b) that Harvest terminated Wilmington's status as an independent contractor in retaliation for his exercise of a statutorily conferred right under IND. CODE 27-4-3-2. That section provides as follows:
It shall be unlawful for any insurance agent representing or acting for two or more insurance companies writing the same class or classes, of risks to enter, either directly or indirectly, into any agreement, arrangement, contract or understanding with one or more of
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such companies that he will refrain from representing any other like company or companies, and it shall be unlawful for any such insurance company, not having a contract requiring an agent to represent it alone, in any...To continue reading
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