- 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 MethodsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011