Gregg R. and Teresa M. Gilbert - Page 4

                                        - 3 -                                         
               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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