Kennedy v. Metropolitan Life Ins. Co.

759 So. 2d 362, 16 I.E.R. Cas. (BNA) 193, 2000 Miss. LEXIS 59, 2000 WL 280723
CourtMississippi Supreme Court
DecidedMarch 16, 2000
Docket1998-CA-01007-SCT
StatusPublished
Cited by8 cases

This text of 759 So. 2d 362 (Kennedy v. Metropolitan Life Ins. Co.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kennedy v. Metropolitan Life Ins. Co., 759 So. 2d 362, 16 I.E.R. Cas. (BNA) 193, 2000 Miss. LEXIS 59, 2000 WL 280723 (Mich. 2000).

Opinion

759 So.2d 362 (2000)

Phillip Dewayne KENNEDY
v.
METROPOLITAN LIFE INSURANCE COMPANY.

No. 1998-CA-01007-SCT.

Supreme Court of Mississippi.

March 16, 2000.

*363 John A. Ferrell, Booneville, Attorney for Appellant.

W.P. Mitchell, Stephen H. Morris, Tupelo, Attorneys for Appellee.

BEFORE PRATHER, C.J., SMITH AND WALLER, JJ.

PRATHER, Chief Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. Phillip Dewayne Kennedy ("Kennedy") worked as an insurance agent for *364 Metropolitan Life Insurance Company ("Met Life") for over six years. In the process, Kennedy became one of the top life insurance salesmen in the Tupelo District. On August 4, 1995, Kennedy submitted his resignation to Shelby Ware ("Ware"), district manager of Met Life, and became associated with Massachusetts Mutual Insurance Company ("Mass Mutual").

¶ 2. Following Kennedy's departure, Ware initiated on behalf of Met Life an investigation into whether Kennedy had violated the non-competition terms of an employment contract that Kennedy had signed on January 27, 1989. Met Life concluded that Kennedy had in fact violated his non-competition agreement, and Met Life filed suit against Kennedy on September 20, 1995. Following trial, the Chancellor rejected Kennedy's argument that the non-competition agreement was contrary to public policy, and he further found that Kennedy had violated the terms of the agreement. The Chancellor awarded Met Life damages for lost premium income, as well as attorney's fees in enforcing the agreement. Feeling aggrieved, Kennedy timely appealed to this Court.

ISSUES
I. Whether the trial court erred in finding that the non-competition portion of the Agreement was reasonable, was not violative of public policy and therefore enforceable and in finding that the Appellant violated said non-competition provisions.
II. Whether the trial court erred in finding that Appellee had suffered loss of premium income and counsel fees as a result of Appellant's alleged violation of the Agreement and in assessing damages therefor against Appellant.

¶ 3. Kennedy argues on appeal that the Chancellor erred in upholding the non-competition agreement in the present case, or alternatively, that the Chancellor erred in finding that Kennedy had violated the provisions of the agreement. When considering the enforceability of restrictive employment agreements, we review the entire record and "the evidence which supports or reasonably tends to support the findings of fact made below, together with all reasonable inferences which may be drawn therefrom and which favor the lower court's findings of fact, must be accepted." Sta-Home Health Agency, Inc. v. Umphers, 562 So.2d 1258, 1263 (Miss.1990) (quoting Culbreath v. Johnson, 427 So.2d 705, 707 (Miss.1983)). We will not disturb the findings of the lower court when they are supported by substantial evidence unless the Chancellor has abused his discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied. Bowers Window & Door Co. v. Dearman, 549 So.2d 1309, 1312-13 (Miss. 1989) (citing Culbreath, 427 So.2d at 707-08). Bullard v. Morris, 547 So.2d 789, 791 (Miss.1989).

¶ 4. Non-competition agreements have been viewed by this Court as "restrictive contracts [which] are in restraint of trade and individual freedom and are not favorites of the law." Frierson v. Sheppard Building Supply, Co., 247 Miss. 157, 172, 154 So.2d 151, 156 (1963). See also Texas Road Boring Co. v. Parker, 194 So.2d 885, 888 (Miss.1967). Only when such agreements are reasonable will they be considered valid and upheld by this Court. Frierson, 247 Miss. at 172, 154 So.2d at 156. The validity and the enforceability of a non-competition agreement are largely predicated upon the reasonableness and specificity of its terms, primarily, the duration of the restriction and its geographic scope. Empiregas, Inc. v. Bain, 599 So.2d 971, 975 (Miss.1992); Redd Pest Control Co. v. Heatherly, 248 Miss. 34, 157 So.2d 133 (1963). The burden of proving the reasonableness of these terms is on the employer. Texas Road Boring Co., 194 So.2d at 889.

*365 ¶ 5. The non-competition provision in the present case provided that:

1. During and for 18 months following my voluntary or involuntary termination of employment with Metropolitan, I will not directly or indirectly perform any act or make any statement which would tend to divert from Metropolitan any trade or business with any customer, be it a person, a company, or an organization, to whom I previously sold insurance offered by or through Metropolitan; nor will I advise or induce any customer of Metropolitan, be it a person, a company or an organization, to reduce, replace, lapse, surrender or cancel any insurance obtained from or through Metropolitan.

Kennedy argues that he did not violate the aforementioned provision, given that the evidence at trial established that all of his Met Life clients who switched to Mass Mutual had done so of their own volition and without advice or encouragement on his part. The record supports Kennedy's assertions in this regard.

¶ 6. Howard Carnes, who had been friends with Kennedy for eight years, testified that he learned that Kennedy was no longer a Met Life employee from talking to his wife. Carnes testified that, upon learning the news, he decided to drop his Met Life policy and obtain coverage with Mass Mutual "because I wanted (Kennedy) to be my agent." Carnes testified that Kennedy took no actions at all to influence his decision to switch his coverage to Mass Mutual, and that the decision was his alone. Carnes did acknowledge on cross-examination, however, that Kennedy had processed his application with Mass Mutual, including arranging a physical examination.

¶ 7. Kenneth Clowers, who is married to Kennedy's sister-in-law, testified that he had known Kennedy for approximately five years. Clowers testified that he learned of Kennedy's departure from Met Life at a "family get together" and that he decided to switch his coverage to Mass Mutual due to family loyalty and due to his satisfaction with Kennedy's service as an agent. Clowers testified that the decision to switch coverage was "totally" his own and that Kennedy had done nothing to influence that decision. In fact, Clowers testified that Kennedy had "actually tried to get me to keep the policy, but like I said, I don't have any loyalty to a company. I have a loyalty to a brother-in-law." Clowers acknowledged on cross examination that, once he decided to switch his coverage to Mass Mutual, Kennedy arranged for him to do so.

¶ 8. Brenda Matthews testified that she knew Kennedy through his status as her Met Life insurance agent for several years. Matthews testified that she learned of Kennedy's having left Met Life when she called Met Life to inquire about her coverage. The Met Life representatives informed Matthews that Kennedy no longer worked there, although they did not inform her where he was working. Matthews testified that she then called Kennedy's wife "because I knew them personally." Matthews testified that "they were acquaintances, but friends if need be" and that she felt she was close enough to Kennedy to call his wife.

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Cite This Page — Counsel Stack

Bluebook (online)
759 So. 2d 362, 16 I.E.R. Cas. (BNA) 193, 2000 Miss. LEXIS 59, 2000 WL 280723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-metropolitan-life-ins-co-miss-2000.