American Family Mutual Insurance Company et al v. Graham et al

Filing 161

AMENDED JUDGMENT IN A CIVIL CASE. IT IS ORDERED AND ADJUDGED THAT: 1. As to Count One (Breach of Contract) of the Complaint 1 , Judgment is entered in favor of Plaintiffs American Family Mutual Insurance Company, American Family Life Insurance Company, and American Standard Insurance Company of Wisconsin (together, "American Family") and against Defendants Steven G. Graham and the Steven Graham Agency, Inc. (together, "Graham"), jointly and severally, for $614,631. 61, an amount which includes $538,789.28 in Extended Earnings payments and $75,842.33 in prejudgment interest. 2. Plaintiffs' request for declaratory judgment is GRANTED 134 . The Court declares that: a. The American Family Corpo rate Agent Agreement between American Family and Graham, which is Exhibit A to the Complaint (the "Agreement"), is valid and enforceable pursuant to its terms; b. Graham breached Section 6(k) of the Agreement by either inducing or atte mpting to induce policyholders of American Family credited to Graham's account at the time of termination to lapse, cancel, replace, or surrender insurance policies in force with American Family; c. As provided in Section 6(u) of the Agreement , Graham must forfeit all Extended Earnings that have been paid to Graham; and d. As provided in Section 6(u) of the Agreement, American Family has no obligation to continue paying Extended Earnings to Graham. 3. As to Count I (Breach of Contra ct) of Graham's Amended Counterclaims 25 , Judgment is entered in favor of American Family and against Graham. 4. As to Graham's claim for Breach of the Duty of Good Faith, Judgment is entered in favor of American Family and against Graham. 5. Judgment is entered in favor of American Family and against Graham in the amount of costs as taxed by the Clerk of Court. (Written Opinion). Signed by Chief Judge Michael J. Davis on 4/22/14. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

AMERICAN FAMILY MUTUAL
INSURANCE COMPANY,
AMERICAN FAMILY LIFE
INSURANCE COMPANY,
and AMERICAN STANDARD
INSURANCE COMPANY,
Wisconsin corporations,
Plaintiffs,

v.

AMENDED JUDGMENT IN A CIVIL
CASE
Civil File No. 12-53 (MJD/SER)

STEVEN G. GRAHAM,
a Minnesota resident, and
STEVEN GRAHAM AGENCY, INC.,
a Minnesota corporation,
Defendants and Counterclaimants.
This action came before the Court for a trial by jury. The issues have been
tried and the jury has rendered its verdict.
IT IS ORDERED AND ADJUDGED THAT:

1.

As to Count One (Breach of Contract) of the Complaint [Docket No.
1], Judgment is entered in favor of Plaintiffs American Family
Mutual Insurance Company, American Family Life Insurance
Company, and American Standard Insurance Company of
Wisconsin (together, “American Family”) and against Defendants
Steven G. Graham and the Steven Graham Agency, Inc. (together,
“Graham”), jointly and severally, for $614,631.61, an amount which
includes $538,789.28 in Extended Earnings payments and $75,842.33
in prejudgment interest.

2.

Plaintiffs’ request for declaratory judgment is GRANTED. The
Court declares that:
a. The American Family Corporate Agent Agreement between
American Family and Graham, which is Exhibit A to the
Complaint (the “Agreement”), is valid and enforceable pursuant
to its terms;
b. Graham breached Section 6(k) of the Agreement by either
inducing or attempting to induce policyholders of American
Family credited to Graham’s account at the time of termination to

lapse, cancel, replace, or surrender insurance policies in force
with American Family;
c. As provided in Section 6(u) of the Agreement, Graham must
forfeit all Extended Earnings that have been paid to Graham; and
d. As provided in Section 6(u) of the Agreement, American Family
has no obligation to continue paying Extended Earnings to
Graham.
3. As to Count I (Breach of Contract) of Graham’s Amended
Counterclaims [Docket No. 25], Judgment is entered in favor of
American Family and against Graham.
4. As to Graham’s claim for Breach of the Duty of Good Faith, Judgment is
entered in favor of American Family and against Graham.
5. Judgment is entered in favor of American Family and against Graham
in the amount of costs as taxed by the Clerk of Court.

Dated: April 22, 2014

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court