The plaintiff insurance brokerage sued a former producer for breach of contract, breach of fiduciary duty, and tortious interference, claiming damages for commissions earned by the defendant after she joined a competing firm.
The defendant counterclaimed for reimbursement of unpaid premiums that the plaintiff had deducted from her earnings.
The court found that the plaintiff's unilateral imposition of a charge-back policy for unpaid premiums was a breach of contract, entitling the defendant to reimbursement.
However, the court also found that the defendant breached a valid non-solicitation clause by accepting business from the plaintiff's former clients, requiring her to disgorge the commissions earned.
The court dismissed the plaintiff's claim for breach of fiduciary duty, finding the defendant was not a key employee.
