Case Citations [1] (July 2017 through August 2018)

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                                      AGENCY 3D



                            CHAPTER 1. INTRODUCTORY MATTERS

                          TOPIC   1. DEFINITIONS AND TERMINOLOGY

   1.01 Agency Defined

  W.D.Tenn.2017.  Com.  (e) quot. in sup. Insurer sued insurance agents who agreed to sell plaintiff s life-
  insurance policies in exchange for commissions, alleging that defendants breached the parties' contracts
  by failing to repay commissions earned on the sale of policies that were later surrendered by
  policyholders; defendants counterclaimed, alleging that they were entitled to retain some of the
  commissions based on plaintiff's failure to inform them of certain features of the policies that ultimately
  resulted in the surrender of all of the policies that defendants sold on behalf of plaintiff. This court
  granted summary judgment  for plaintiff, holding, among other things, that plaintiff did not have a
  fiduciary duty to disclose the policy features at issue to defendants as a matter of law. The court
  reasoned, in part, that, while a principal had a duty to deal with its agent fairly and in good faith, that
  duty was not fiduciary in nature under Restatement Third of Agency  1.01. Minnesota Life Insurance
  Company  v. Financial Institution Consulting Corporation, 280 F.Supp.3d 1057, 1067.

  Ind.App.2018. Cit. in sup. In disciplinary proceedings, attorney was charged with misconduct arising
  from his solicitation of clients through a nonlawyer intermediary. After an evidentiary hearing, a hearing
  officer concluded that attorney violated the rules of professional conduct. On attorney's petition for
  review, this court issued an order suspending attorney from the practice of law for a period of not less
  than nine months, without automatic reinstatement. The court rejected attorney's argument that the
  nonlawyer intermediary acted independently and that he merely accepted referrals from the
  intermediary, holding that the evidence clearly and convincingly established an agency relationship
  between attorney and the intermediary within the meaning of Restatement Third of Agency  1.01 and
  1.03. Matter of Wray, 91 N.E.3d 578, 583.

  Mass.2017. Com.  (f)(2) cit. in ftn. Former president and CEO of dissolved startup biotechnology
  company  brought an action under Massachusetts' Wage Act against two former board members, seeking
  unpaid wages. Following a jury trial, the trial court entered judgment for plaintiff. This court reversed
  and granted defendants' motion for judgment notwithstanding the verdict, holding that the evidence was
  insufficient to impose personal liability on defendants, because they were not designated as company
  officers, they had limited authority to enforce plaintiff s employment agreement, and plaintiff, rather
  than individual board members, had expressly held management powers, including payroll functions. In
  explaining that an individual director of the board was not an agent of the corporation, the court noted
  that Restatement Second of Agency  14C was more on point than Restatement Third of Agency  1.01,
  Commentf(2).  Segal v. Genitrix, LLC, 87 N.E.3d 560, 570.

   1.03 Manifestation

  Ind.App.2018. Cit. in sup. In disciplinary proceedings, attorney was charged with misconduct arising
  from his solicitation of clients through a nonlawyer intermediary. After an evidentiary hearing, a hearing



mA L I      For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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