Slimack v. Country Life Insurance

591 N.E.2d 70, 227 Ill. App. 3d 287, 169 Ill. Dec. 190
CourtAppellate Court of Illinois
DecidedApril 14, 1992
Docket5-90-0385
StatusPublished
Cited by15 cases

This text of 591 N.E.2d 70 (Slimack v. Country Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slimack v. Country Life Insurance, 591 N.E.2d 70, 227 Ill. App. 3d 287, 169 Ill. Dec. 190 (Ill. Ct. App. 1992).

Opinion

JUSTICE LEWIS

delivered the opinion of the court:

The applications of both the plaintiffs and the defendants for interlocutory appeal by permission were granted pursuant to Supreme Court Rule 308 (134 Ill. 2d R. 308). The plaintiffs seeking to maintain this class action suit pursuant to section 2 — 801 of the Civil Practice Law (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 801) are former agents and the widow of a former agent of the defendants, Country Life Insurance Company, Country Mutual Insurance Company, and Country Casualty Insurance Company, which are related corporations and are hereafter referred to as “Country Companies.”

The plaintiffs filed a complaint on October 21, 1981. In their amended complaint filed on October 28, 1988, they allege that they bring the action on behalf of themselves and all present agents of the defendants and all persons who worked during the 10-year period immediately preceding the filing of this action as independent contractors of the defendants for sale of insurance policies under two contracts attached to the complaint. Each of defendants’ agents during the time in question was required to execute both of these contracts or contracts substantially similar to them. The contracts are apparently often referred to as the “1970 contract.” Plaintiffs allege that they suffered damages in one or more of the following ways:

“A. Had accounts reassigned in a manner inconsistent and contrary to the express provisions of their contracts with Defendants thereby suffering loss of commissions due to them.
B. Suffered wrongful threats of termination for alleged failure to meet production requirements not specified by their contracts with defendant [sic] and the emotional distress resulting therefrom.
C. Were wrongfully terminated for alleged failure to meet production requirements not specified by their contracts with defendant [sic] or refusing to acquiesce to the reassignment of accounts they were servicing thereby suffering loss of all commissions and the emotional distress resulting therefrom.
D. Were wrongfully compelled to resign by threats of termination and/or defendant’s [sic] refusal to comply in good faith with the terms and provisions of their contract thereby suffering loss of all commissions and the emotional distress resulting therefrom.”

The plaintiffs allege that the defendants’ actions constituted a breach of the contracts between members of the plaintiffs’ class and defendants and, in addition, constituted one or more tortious acts, namely, conversion, intentional interference with prospective business advantage and/or oppressive conduct by economic duress of the members of the class. They seek compensatory damages for all breaches of contract and punitive damages for the tortious conduct alleged.

Following an extensive hearing conducted in September and October of 1988 concerning the certification of the class, the trial court entered an order on April 16, 1990, certifying as members of the plaintiffs’ class persons included in the following description:

“All agents, if any, of Defendants who entered into the 1970 contract with defendants who had accounts reassigned in violation of the contract and those agents, if any, who were damaged by threats of termination or termination for failure to meet production requirements or for refusing to consent to the reassignments; all agents if any, who suffered economic duress by reason of defendants’ alleged breach of the 1970 contract.”

The trial court expressly found that certification of a class would avoid multiplicity of effort by counsel and the court and repeated appearances by the same witnesses, that uniformity and fairness of decision are more likely to result if all claimants are joined in the same proceeding, and that some claimants may not be able to secure legal representation if they must seek counsel individually. The trial court found further:

“That, notwithstanding defendants’ willingness to admit that some factual and legal issues are not contested, if nothing else, the common (factual/legal) question remains as to whether defendant [sic] breached its [sic] (standard form) contracts with plaintiffs by reassigning (block assignments) accounts. Legal/ factual questions involving contractual provisions and claimed violations thereof, definitions of terms, corporate actions, corporate knowledge and pronouncements may very well be common to plaintiffs; such questions preponderate over individual questions such as variance in computation of damages.”

In its order the trial court expressly rejected the defendants’ contention that plaintiffs cannot maintain this class action because each plaintiff would have to rely on a separate set of proofs, adding:

“The great bulk of the evidence would be the same in each case; the fact that evidence may vary to some degree is not controlling. In Prucell [sic] v. Hertz Corp. 530 N.E.2d 994, where the laws of different states were involved and there were many different types of leasing agreements, different costs and liabilities, the court held class certification was proper. Purcell cited Miner v. Gillette, 428 NE2d 479 indicating that the existence of individual issues, a separate determination of individual damages, multiple theories of recovery, or even the inability of some class members to obtain relief *** will not *** defeat a class certification of the common questions of fact or laws are otherwise predominant.”

The trial court found that there is

“no conflict apparent at this time within the members of the proposed class. While several plaintiffs may seek recovery of commissions from the same account, they do not seek reassignment to them of the particular account; they seek money damages, not from one another but from defendants. Furthermore, at this time it does not appear that this litigation threatens the financial viability of defendants.”

The trial court found further that the representative parties and their counsel will fairly and adequately protect the interest of the class and that this class action is an appropriate method for the fair and efficient adjudication of the controversy.

In an order entered June 5, 1990, the trial court determined that the following questions should be certified for presentation to this court pursuant to Rule 308:

“1. Whether the trial court erred in certifying the following class ‘All agents, if any, of Defendant [sic] who entered into 1970 contract with defendants who had accounts reassigned in violation of the contract and those agents, if any, who were damaged by threats of termination or termination for failure to meet production requirements or for refusing to consent to reassignments; all agents, if any, who suffered economic duress by reason of defendant’s [sic] alleged breach of the 1970 contract.’
2. Whether the trial court complied with the requirements of Illinois Revised Statutes, 1987, Ch. 110, §2 — 801 et seq.

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Bluebook (online)
591 N.E.2d 70, 227 Ill. App. 3d 287, 169 Ill. Dec. 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slimack-v-country-life-insurance-illappct-1992.