- 4 - procure applications for life and health insurance and annuities on behalf of ITT. Petitioner subsequently changed Whitco’s name to Midwest Agencies, Inc. (Midwest). On or about July 29, 1982, petitioner, in his capacity as Midwest’s president, entered into a “General Agent’s Contract” and an “Advance Commission and Loan Agreement for General Agent” with ITT. This contract and agreement were identical to the Agent’s Contract and the Agreement, and hereinafter will be referred to as such. Petitioner personally guaranteed Midwest’s performance under the Agent’s Contract and the Agreement. Whitco and Midwest engaged agents, including petitioner, to sell insurance products on a commission basis. ITT’s insurance products (e.g., life insurance policies) were among these products. Under the Agreement, ITT paid commissions to Midwest (and its predecessor Whitco) and its agents. When an agent sold a policy, he or she received from ITT a commission that approximated the total commissions that would be earned over the life of the policy (including renewals). The unearned portions of the commissions were considered loans. If the policy was later renewed, the commission on the renewal that would otherwise have gone to the agent was applied to reduce the advance (or unearned) commissions that were previously paid to the agent. If the policy lapsed or was canceled, the portion of the commissions remaining unearned on the policy was treated as aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011