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Gregg Gilbert (petitioner) worked as an insurance
salesperson/agent for Capitol American Life Insurance Company,
now known as Conseco Health Insurance Company (Conseco),
beginning in 1985. Petitioner’s employment relationship with
Conseco was established in a Marketing Agreement. While serving
as an agent of Conseco, petitioner’s duties included soliciting
applications for insurance, collecting payments, supervising
approved subordinates, and generally assisting Conseco
policyholders. The original Marketing Agreement, effective July
30, 1985, between petitioner and Conseco, states, in pertinent
part:
C. COMMISSIONS
1. CAPITOL [Conseco] agrees to pay commissions to the
REPRESENTATIVE [petitioner] in accordance with the
“Commission Schedule and Vesting Provisions” attached hereto
as Exhibit A and made a part hereof. Such payment shall be
full and complete compensation for all insurance business
accepted by CAPITOL [Conseco], whether written personally by
the REPRESENTATIVE [petitioner] or any of his subordinate
representative(s), and for all services performed by or
required of the REPRESENTATIVE [petitioner] and any
subordinate, representative(s) he may appoint hereunder.
E. PROHIBITED CONDUCT
2. The REPRESENTATIVE agrees for a period of one (1)
year after the termination of this Agreement, by either
party for any reason, he will not, without the prior written
consent of CAPITOL [Conseco], for himself or on behalf of
another, engage in any life, annuity, or accident and health
insurance business, either (a) within the State or States in
which he is licensed by CAPITOL [Conseco] and by the use of
the Marketing Method or Marketing Methods set forth on the
first page of this Agreement, or (b) within any other State
or States in which he is hereafter licensed by CAPITOL
[Conseco] and by the use of any other Marketing Methods
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Last modified: May 25, 2011