Rinard v. Nationwide Mutual Insurance

304 A.2d 252, 269 Md. 1, 1973 Md. LEXIS 798
CourtCourt of Appeals of Maryland
DecidedMay 14, 1973
DocketNo. 247
StatusPublished
Cited by2 cases

This text of 304 A.2d 252 (Rinard v. Nationwide Mutual Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rinard v. Nationwide Mutual Insurance, 304 A.2d 252, 269 Md. 1, 1973 Md. LEXIS 798 (Md. 1973).

Opinion

Smith, J.,

delivered the opinion of the Court.

This case arises from the relationship between appellee, Nationwide Mutual Insurance Company (Nationwide), and one of its agents, Richard A. Rinard (Rinard), [2]*2the appellant. In 1966 Rinard and Nationwide entered into what Nationwide called “Career Agents Financing Plan Agreement.” Under this agreement Rinard was advanced the sum of $125 per week by Nationwide. He agreed “that all commissions, fees and compensation of every kind [then] due or which [might] become due [him] at any time [thereafter for any reason from [Nationwide should] be applied against the advances made to [him], and that all such advances [should] constitute a debt due from [him] to [Nationwide].” By August of 1968 he started to receive his standard commissions except that there was to be deducted from the commissions the sum of $50 per month to be applied on the indebtedness, later increased to $64 a month and then to $65 per month.

Nationwide terminated its relationship with Rinard and demanded payment for the sums still due it. Suit was instituted when Rinard failed to pay. He filed a general issue plea and a plea on equitable grounds. He contended, among other things, that Nationwide had not given him credit for commissions on certain policies serviced by him which had been formerly serviced by a retired agent or agents, commissions on which policies he was to receive. So long as he did not ask for an affirmative judgment (i.e., for an amount in excess of Nationwide’s claim) he could prove this claim under the general issue plea without having filed a separate counterclaim. Holloway v. Chrysler Credit Corp., 251 Md. 65, 66, 246 A. 2d 265 (1968), and cases there cited.

The trial judge (Naughton, J.) entered a judgment against Rinard in favor of Nationwide. On appeal Rinard raises a number of questions, but we shall address ourselves solely to a question of evidence since our ruling upon that subject will make necessary a new trial.

Nationwide uses some type of data processing insofar as its bookkeeping is concerned which requires identification of agents by number. We perhaps could better understand this case if one of the parties had introduced into evidence the data processing report which was furnished each agent at the end of the month and which was used to cross-examine [3]*3Rinard. It is explained that this summary sheet for each agent is sent to the district manager who in turns sends it to the individual agent. The agent signs a copy of the sheet and returns it to the district manager who then forwards it to the central office. The sheets list separately the commission payable on each policy other than automobile policies. Because of the number of policies involved, the commissions payable on the renewal of automobile insurance policies are listed as a lump sum.

The record on cross-examination of Mr. Rinard includes the following:

“Q. Now, Mr. Rinard, do you recall signing these monthly summary sheets? A. Yes sir.
“Q. Do you disagree with the balance at that time? A. $65.00 deducted from this would bring it out to this balance, that’s correct.
“Q. That’s correct balance? A. That’s correct there.
“Q. The balance being $3,692.42. That’s the debt you owed Nationwide at that time, is that correct? A. Yes.
“Q. Do you disagree with that now? A. No. Not at that date.
“Q. At that date $3,600.00 was correct? A. On that date.
“(Mr. Grant) Objection, Your Honor.
“(By the Court) Objection overruled.
“Q. Just referring for one last question back to the 516’s. You never did disagree with the 516’s you received did you? A. The 516 with the deduction of $65. made the balance show right. This is what I signed to. That they were deducting $65.00 from this amount.
“Q. The balance on all the 516’s were correct then, right? A. With the deduction.
[4]*4“(By the Court) What was the date of that report, November? A. The one that was just here? That was November the 20th of ’69.
“(By the Court) And you’re saying the account between you and the Company was correct at that time? A. As far as the deductions on it, yes sir. The deducting of the $65.00 is right.
“(By the Court) Credit? Were you given all of your credits up to ;hat time? A. So far as I know, yes sir.”

Mrs. Rinard testified that there came into their possession files of a former Nationwide agent whose renewals were to be credited to her husband. She said that many of these renewals in the period of October through December of 1966 had the number of that former agent on them, although he was no longer with the company. She had assembled and correlated much of this information in an effort to compute commissions due her husband. The record then is as follows:

“(By the Court) What’s the purpose of this line of testimony?
“(Mr. Grant) Your Honor, this is to show that these premium renewals were coming [due] in policies that were being held by Mr. Rinard with Mr. Derham’s number on them and hence applied to this. Payment was made on the number not on
“(By the Court) Yes. But wasn’t that back in ’66?
“(Mr. Grant) Yes sir. We have the summaries through —
“(By the Court) Well you’re impeaching Mr. Rinard with that testimony. He testified that the report here dated 10/15/69 is correct.
“(Mr. Grant) He testified, Your Honor, that he certified the sheet.
“(By the Court) No, he testified that it was correct, that the figures were correct up to that time. So what I’m interested in is what happened after 10/15/69. You’re impeaching him now [5]*5through this testimony, or attempting to impeach him as to something back in ’66. I guess you go through ’67, ’68.
“(Mr. Grant) This is to show that a payment of approximately $3,000.00 owed to him by the Company.
“(By the Court) No, it would not be admissible. You would be impeaching your witness there. Mr. Rinard has already testified that the account is correct up until October 15, ’69.
“(Mr. Grant) If Your Honor will recall I objected to that to start with. I felt he was being misled. He was asked what he had signed off and he stated specifically that he was signing off that a $65. payment had been deducted against the balance due the Company. He was not signing off that the account was right or not.
“(By the Court) Well he told me when I asked him if he had been given all his credits and he said up to that time, up to October 15th, yes. So I think this testimony now, Mr. Grant, would be inadmissible because you would be impeaching your own witness. So I will not allow it. If you have anything after October 15th I’ll listen to it.
“If you feel that he’s entitled to any credits after October 15th, ’69, that he was not given I’ll listen to that.
“Q. The Court’s restricting us to after October, 1969.

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Bluebook (online)
304 A.2d 252, 269 Md. 1, 1973 Md. LEXIS 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rinard-v-nationwide-mutual-insurance-md-1973.