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Background
All facts have been stipulated and are so found. The
stipulation of facts and exhibits submitted therewith are
incorporated herein by this reference. Petitioner resided in
Columbia, South Carolina, when he petitioned the Court.
Petitioner began working as an agent for Academy Life
Insurance Co. (Academy) in the late 1970's. He worked for it as
an independent contractor under a contract between the two.
Academy fired him in July 1986. When it did, it was
contractually obligated to pay him renewal commissions on
policies that he or an agent under his supervision had sold.
After his firing, Academy remitted to him reduced monthly
commissions. It also stopped sending to him the paperwork
documenting his commissions.
In September 1987, petitioner sued Academy for breach of
contract and conversion, praying in his complaint for an award of
actual and punitive damages. Petitioner alleged that Academy was
liable to him for: (1) An unlawful termination of contracts with
resulting failure to pay money due thereunder (breach of contract
and conversion), (2) unfair trade practices (also seeking treble
damages and attorney's fees), (3) a termination of resident
counselor status, (4) a failure to pay commissions, and (5) the
fraudulent filing of Federal tax forms reporting income not paid
to him. Following a jury trial, the U. S. District Court hearing
the case directed a verdict against Academy for breach of
contract and sent the issues of conversion and resulting damages
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Last modified: May 25, 2011