Cutter v. Lincoln National Life Insurance

794 F.2d 352, 122 L.R.R.M. (BNA) 2965
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 25, 1986
DocketNos. 85-5174, 85-5189
StatusPublished
Cited by1 cases

This text of 794 F.2d 352 (Cutter v. Lincoln National Life Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cutter v. Lincoln National Life Insurance, 794 F.2d 352, 122 L.R.R.M. (BNA) 2965 (8th Cir. 1986).

Opinions

JOHN W. OLIVER, Senior District Judge.

Defendants appeal from entry of judgment on the jury verdict and the denial, in part, of their motion for judgment notwithstanding the verdict (judgment n.o.v.) or, in the alternative, for a new trial. Jurisdiction is based on diversity, 28 U.S.C. § 1332.

On Counts I and II, the jury returned a verdict of $50,000 for the plaintiff on both counts. Count I alleged wrongful discharge of the plaintiff from the Lincoln National Life Insurance Company in her employment as a sales agent. Count II alleged wrongful discharge of the plaintiff from the Lincoln National Pension Insurance Company in her employment as a sales agent.

On Counts III and IV, the jury returned a verdict for the defendants. Count III alleged wrongful termination of her employment as a manager for the defendant companies, and included allegations that the employer companies had violated procedural provisions governing termination which were set forth in the employee handbook. Count IV alleged tortious interference based on a claim that one of the defendants’ employees had sexually harassed plaintiff.

On Count V, the jury returned a verdict for the plaintiff awarding $5,000 in nominal damages and $132,500 in punitive damages. Count V alleged tortious interference with plaintiff’s business and professional affairs.

After hearing, the district court entered judgment n.o.v. on the $50,000 jury verdict based on Counts I and II. The district court denied defendants’ motion for judgment n.o.v. as to the $5,000 nominal damage award and the $132,500 punitive damage award based on Count V of the complaint.

[354]*354Defendants appeal the denial of judgment n.o.v. on Count V. Plaintiff has filed a cross-appeal challenging the district court’s entry of judgment n.o.v. on Counts I and II.

For the reasons set forth below, this Court finds and concludes that the district court’s grant of judgment n.o.v. on Counts I and II should be affirmed, and the district court’s denial of judgment n.o.v. on Count V should be reversed.

I.

In April, 1980, plaintiff Shirley Cutter accepted employment with defendants, the Lincoln National Companies, in their Sioux Falls office as an insurance sales agent. In April, 1982, plaintiff was offered vesting rights in the renewal commissions on the policies she had sold and would sell. Under this one-for-one vesting agreement, plaintiff was entitled to receive one year of guaranteed renewal commissions for each full year she was an agent with the defendant companies.

In May, 1982, plaintiff was promoted to district sales manager for the defendant companies. On November 12, 1982, plaintiff was orally notified that she was terminated both as district sales manager and as sales agent for the defendant companies. Within a week, she received written notification of her termination. Paragraph 5 of plaintiff's employment contract provided in part: “The Agent or the Company may terminate the Agent’s appointment under this contract, with or without cause, by notice sent by ordinary mail to the last known address of the other party.”

Shortly after she was terminated as an agent, defendant companies offered, and plaintiff accepted, a brokerage contract. As a broker, plaintiff could continue to sell and service defendants’ insurance contracts. As a broker, she no longer was obligated to exclusively sell defendants’ insurance products, she no longer worked in defendants’ offices, and she did not maintain the one-for-one vesting rights she had when she was a sales agent. Prior to her termination, plaintiff had earned two years' worth of vested renewal commissions. Plaintiff was paid all vested renewal commissions which she had earned.

After plaintiff was terminated from her position as sales agent, and while she was acting as a broker for defendant companies, another of defendants’ agents, Mark Malavolti, contacted Dakota Mack Company to update that company’s group insurance policy information on their Lincoln National policy. Plaintiff had been one of the agents who sold the Lincoln National policy to Dakota Mack. As an agent, she had always serviced that account. When he called, Mr. Malavolti told a Dakota Mack official that plaintiff had been fired, so he was now servicing that account. However, despite the call by Mr. Malavolti, plaintiff continued to service the Dakota Mack policy for Lincoln National as a broker at least through the time of trial.

George Thorson, another person to whom plaintiff had sold a Lincoln National insurance policy, was also contacted by a Lincoln National sales agent. The contact was made after plaintiff was terminated and was in response to Mr. Thorson’s phone call to defendants’ offices in which he requested that the beneficiary on his policy be changed. Mr. Thorson allowed the sales agent he talked with to rewrite the policy plaintiff had originally written. After the policy was rewritten, plaintiff lost whatever commissions and service rights she may have had because of Mr. Thorson’s original insurance policy.

On these facts, the jury rendered a $50,-000 verdict on the breach of employment contract claims for wrongful termination. The jury further rendered a verdict of $5,000 nominal damages and $132,500 punitive damages on the tortious interference with contract claim. The plaintiff also presented evidence that Jerry Thornton, plaintiff’s Lincoln National supervisor, had made sexual advances toward her which she had rejected several months before she was terminated. Plaintiff’s tort claim based on sexual harassment was rejected by the jury, and a verdict was entered for the defendant on that count.

[355]*355II.

A.

The district court properly granted defendants’ motion for judgment n.o.v. on the breach of contract claim. Judgment n.o.v. may be granted when, without weighing the credibility of the witnesses or substituting the court’s judgment for that of the jury, there is no evidence of substance upon which reasonable persons could differ. Karlen v. Ray E. Friedman & Co. Commodities, 688 F.2d 1193, 1197 (8th Cir.1982); Tackett v. Kidder, 616 F.2d 1050, 1052-53 (8th Cir.1980).

We find that the evidence was insufficient to support plaintiff’s claim that her employment contract was breached. Plaintiff’s written employment agreement with the defendant companies provided that “[t]he Agent or the Company may terminate the Agent’s appointment under this contract, with or without cause____” The “with or without cause” provision essentially makes the employment agreement an “at will” employment contract. The only limitation on termination in the contract was that the notice be in writing. Plaintiff did receive written notice of her termination.

B.

Plaintiff presented evidence that the companies’ employee handbook, Responsibilities to Clients and Company, provided that:

You should be aware that should the Company or your Agency Management become aware of any instances of apparent dishonesty, misrepresentation or other failure to fulfill the responsibilities of a life insurance agent, there will be an immediate investigation.

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Related

Cutter v. Lincoln National Life Insurance Company
794 F.2d 352 (Eighth Circuit, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
794 F.2d 352, 122 L.R.R.M. (BNA) 2965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cutter-v-lincoln-national-life-insurance-ca8-1986.