Cushman-Lagerstrom v. Citizens Insurance

72 F. App'x 322
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 30, 2003
DocketNo. 01-2690
StatusPublished
Cited by10 cases

This text of 72 F. App'x 322 (Cushman-Lagerstrom v. Citizens Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cushman-Lagerstrom v. Citizens Insurance, 72 F. App'x 322 (6th Cir. 2003).

Opinion

CLAY, Circuit Judge.

Plaintiff Maureen Cushman-Lagerstrom appeals from the district court’s order, which granted summary judgment to Defendants Citizens Insurance Company of America (“Citizens”) and Allmerica Financial Corp. (“Allmerica”) (collectively “Defendants”) and dismissed her claims against them. Plaintiff had brought suit alleging, inter alia,1 (1) wrongful discharge [324]*324in violation of public policy and (2) violations of Michigan’s Elliott-Larsen Civil Rights Act, Mich. Comp. Laws § 37.2101 et seq., to wit, age discrimination, gender discrimination, and retaliation. Plaintiff contends on appeal that summary judgment was inappropriate because genuine issues of material fact remain regarding her claims. For the reasons that follow, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Procedural History

On September 21, 2000, Plaintiff filed a complaint in the Livingston County Circuit Court, alleging, inter alia, discharge in violation of public policy and age discrimination in violation of the Elliott-Larsen Civil Rights Act, Mich. Comp. Laws § 37.2101(a)(1) (“Elliott-Larsen Act”).2 Defendants removed the action to the United States District Court for the Eastern District of Michigan; thereafter they answered the complaint and filed affirmative defenses. During discovery, the district court granted Plaintiff leave to amend her complaint, at which time Plaintiff added claims of gender discrimination and retaliation in violation of the Elliott-Larsen Act.

Following discovery, Defendants moved for summary judgment on October 1, 2001. Plaintiff filed a response and brief in opposition, and Defendants filed a reply. On November 19, 2001, the district court heard oral argument on the matter and granted Defendants’ motion in its entirety. The court entered an order to that effect on November 26, 2001. Plaintiff filed a timely notice of appeal on December 5, 2001.

B. Facts

Plaintiff is a Certified Public Accountant. In May of 1998, at the age of thirty-eight. Plaintiff accepted a position with Allmerica. which is based in Worcester. Massachusetts, to serve as the Director of Financial Operations for Allmerica’s wholly-owned subsidiary. Citizens, which is based in Howell, Michigan.3 Plaintiff also served as Citizens’ Treasurer. Prior to taking the job, she was interviewed by, among others, Steve Mosakowski, financial director of Allmerica Technology Services, and Ada Hamilton, who was Citizens’ Head Facilitator. Mosakowski served as Plaintiffs direct supervisor.

1. Plaintiffs Interpersonal Conflicts

During her tenure at Allmerica. Plaintiff achieved some noteworthy successes, such as identifying nearly $10,000,000 in unreimbursed payments that the State of Michigan owed to Citizens. Such efforts earned her an Exceptional Service Award Nomination in 1999. However, Plaintiff also endured a number of strained relationships, particularly with Corbin Rodriguez, financial systems director for Allmerica, and Mosakowski, although it is unclear from the record who is to blame for the tension.

[325]*325One such conflict between Plaintiff and Rodriguez arose over whether Citizens should maintain an “all check” claims payment policy (which had been Citizens’ practice since inception) or adopt an “all draft” claims payment policy (which would have made Citizens consistent with other Allmerica entities). Plaintiff favored drafts, while Rodriguez favored checks, despite research findings Plaintiff had gathered showing that checks would be unfavorable for various reasons. During a meeting in Worcester. Plaintiff (apparently with the encouragement of Citizens president Jim McAuliffe and Kurt Galling-er, former vice president and General Counsel at Citizens) pressed the issue; Rodriguez threw a roll of silver duct tape at Plaintiff and told her to tape her “big mouth shut.” (J.A. at 266.)

Thereafter, Rodriguez published a memo announcing implementation of the check policy. Plaintiff, after failed attempts to contact Rodriguez and with McAuliffe and Gallinger’s encouragement, contacted Greg Tranther, one of Rodriguez’ superiors, and convinced him to maintain the draft policy. Rodriguez demanded that Mosakowski reprimand Plaintiff for insubordination, but Mosakowski declined to do so. The relationship between Plaintiff and Rodriguez thereafter continued to deteriorate.

At one point Mosakowski devised certain “communications guidelines” between Rodriguez and Plaintiff (J.A. at 269), but he thereafter refused to intervene in the conflict and would not allow Plaintiff to seek assistance from someone higher in the chain of command. Plaintiff sent a written memo to Hamilton on the issue anyway (which earned her a written reprimand from Mosakowski in the process). Plaintiff also apparently sought assistance from McAuliffe and Gallinger, who evidently were more sympathetic to Plaintiff’s situation than was Mosakowski.

Relations between Plaintiff and Mosakowski were further strained by various insensitive comments made by Mosakowski. On one occasion Mosakowski referred to Plaintiff as a “glitter girl.” Another time, during a group hike, Mosakowski told Plaintiff that she should lead the way because she was wearing “tight white jeans.” (J.A. at 160-61.) He also made various comments during a group dinner in 1999 about certain former female employees at the Worcester location, poking fun at a heavy-set woman who wore a muumuu and women who wore excessive makeup and “slept around.”

The allocation of culpability is vigorously disputed between the parties. Plaintiff attributes the breakdown in communications to Rodriguez’ poor treatment of her, as well as Mosakowski’s sexist comments and deaf ear to her complaints. Defendants contend that Plaintiff demonstrated a history of ignoring established lines of communication and authority.

2. Plaintiff’s Opposition to Alleged Illegal Activity

On July 25, 1997, Citizens’ former vice president and general counsel Karen Livingston-Wilson wrote a letter to the Michigan Insurance Bureau (“MIB”) Commissioner, assuring the Commissioner of Citizens’ commitment to maintaining safeguards consistent with provisions in the Michigan Insurance Code. Specifically, the letter represented, among other things, that Citizens planned to consolidate some of its bank accounts with its affiliates’ bank accounts, but that the resulting consolidated account would be “structured in a way which segregates Citizens’ funds within the account such that the funds belonging to Citizens are easily and readily verified by the trustee [326]*326and [Michigan's insurance] regulators.” (J.A. at 106.) This safeguard apparently was designed to comply with Michigan Insurance Code § 901, which requires an insurer to maintain assets in an amount at least equal to its liabilities and establishes a series of asset requirements to this effect. Mich. Comp. Laws § 500.901. The letter further represented that Citizens would “maintain personnel in Michigan with responsibility for maintaining information regarding Citizens’ contributions to the company bank account and knowledgeable concerning the account.” (J.A. at 106.) This representation was designed to comply with Michigan Insurance Code § 5256(2) and (7).4

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Bluebook (online)
72 F. App'x 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cushman-lagerstrom-v-citizens-insurance-ca6-2003.