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health insurance. Petitioner agreed. On February 11, 2003,
petitioner signed a Contract Application with NACOLAH on which he
listed his business name as “Secure Investments & Planning”. The
parties agreed that petitioner was an independent contractor for
Investments. Petitioner also worked as an assistant agent to a
registered agent for another insurance company during 2003.
Petitioner and Donlon orally agreed that Investments would
pay to petitioner a fee if an insurance product was sold using
petitioner’s license. Petitioner and Donlon, however, did not
agree specifically how a fee would be paid or calculated if a
commission were earned from NACOLAH.
On behalf of Investments, petitioner signed about four or
five applications for policies that were submitted to NACOLAH.
NACOLAH issued to petitioner Agent Commission Statements showing
that two policies, one on March 10 and one on March 11, 2003,
were sold using petitioner’s license, generating total
commissions of $35,061.76. On March 12, 2003, an Agent Contract
Transmittal Form was submitted to NACOLAH to request a contract
change. The form indicated that effective March 12, 2003, there
was an “assignment of comm[issions]” from petitioner to
Investments.
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Last modified: November 10, 2007