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Lake City, Utah, at the time the petition was filed in docket No.
26100-96.
On or about June 1, 1980, petitioner David R. Green
(petitioner) entered into a general agency contract (the
Contract) with Washington National Insurance Co. of Evanston,
Illinois (WNIC). Petitioner was authorized to operate as a
general agent for WNIC in and around Salt Lake City, Utah. As a
general agent, petitioner was to procure, both personally and
through sales agents, applications for individual life and health
insurance on terms authorized by WNIC. As a general agent,
petitioner was also responsible for training and supervising
those sales agents of WNIC operating in Utah. To facilitate his
activities as a general agent, petitioner formed the Financial
Business Corporation (FBC). Sales agents were not employed by
petitioner or FBC but rather were affiliated with WNIC.
WNIC unilaterally terminated the Contract in August 1983.
In a letter to petitioner dated August 2, 1983, Richard C.
Heverly (Heverly), vice president and director of general
agencies for WNIC, outlined the reason for the termination of the
Contract. Heverly indicated that the Contract was being
terminated "for cause". Heverly also indicated that petitioner
had failed to adequately perform his duty to "supervise the
professional activity and conduct" of the sales agents.
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