Unum Group et al v. The Benefit Partnership, Inc. et al

Filing 92

Judge Richard G. Stearns: ORDER entered. Order on assessment of damages. (RGS, law2)

Unum Group et al v. The Benefit Partnership, Inc. et al

Doc. 92

CIVIL ACTION NO. 11-11646-RGS
UNUM GROUP AND PROVIDENT LIFE AND
ACCIDENT INSURANCE COMPANY,
Plaintiffs
v.
THE BENEFIT PARTNERSHIP AND MICHAEL P. IPPOLITO
Defendants
v.
AMERICAN NATIONAL INSURANCE COMPANY
Reach and Apply Defendant
v.
FLORENCE SAVINGS BANK,
Trustee Defendant
ORDER ON ASSESSMENT OF DAMAGES
August 14, 2013
STEARNS, D.J.
Pursuant to this court’s Memorandum and Order dated April 11, 2013, and a hearing on
assessment of damages, attorney’s fees, and costs held on August 14, 2013, it is hereby ordered:
1.

The amount owed jointly and severally by defendants in unreturned commissions is
$1,063,749.07, plus statutory interest at the rate of 12% beginning September 16, 2011.

2.

The defendants are jointly and severally liable for plaintiffs’ attorney’s fees in the amount
of $107,830.

3.

Defendants are jointly and severally liable for plaintiffs’ costs in the amount of $2,149.

4.

All monies currently being held in escrow by Mirick O’Connell DeMallie & Lougee LLP
pursuant to this court’s February 9, 2012 order allowing Unum Group and Provident Life and
Accident Insurance Company’s motion to reach and apply proceeds may be paid forthwith
to Unum Group and Provident Life and Accident Insurance Company, and applied against
the judgment.

Dockets.Justia.com

5.

The Reach and Apply defendant, American National Insurance Company, its officers, agents,
employees, representatives, transferees, and assigns, are permanently enjoined from paying,
assigning, transferring, waiving, or otherwise disposing of any commissions or other
contractual payments due or to become due The Benefit Partnership, Inc. and Michael
Ippolito, and such monies shall be paid to Provident Life and Accident Insurance Company
c/o Broker Compensation Services, Repayment of Advance Debt, until the judgment is
satisfied in full.
The Clerk shall enter judgment for Unum Group and Provident Life and Accident Insurance

Company on Count V (reach and apply) and close the case.

SO ORDERED.
/s/ Richard G. Stearns
_______________________________
UNITED STATES DISTRICT JUDGE