-6-
and the insurance companies. Petitioner's supervisors did not
direct the day-to-day work of its independent claims adjusters or
review a significant number of the claims files handled by
petitioner's independent adjusters.
Petitioner's claims adjusters usually returned the claim
file to the insurance company when they finished adjusting a
claim. They did not send the file to petitioner. The adjuster
completed a billing sheet showing how much petitioner was to
receive for the claim. The claims adjuster gave the billing
sheet to the insurance company and sent a copy to petitioner.
After the insurance companies received a completed claim
file, they issued one check to petitioner and one to the
policyholder. Petitioner usually paid its adjusters 2 weeks
after it received payments from the insurance companies.
3. Eberl's Duties
Eberl has always made all of petitioner's business decisions
and supervised or performed substantially all of its managerial
functions, except accounting. He was solely responsible for
marketing petitioner's services to insurance companies and
negotiating petitioner's contracts with insurance companies and
individual claims adjusters.
From 1990 to 1994, Eberl solicited business from six to
eight insurance companies, and petitioner did work for about
four. Eberl spent a substantial amount of time maintaining
relationships with his insurance company contacts because
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Last modified: May 25, 2011