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American Family Mutual Insurance Co. v. Graham

United States District Court, D. Minnesota

April 22, 2014

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, AMERICAN FAMILY LIFE INSURANCE COMPANY, and AMERICAN STANDARD INSURANCE COMPANY, Wisconsin corporations, Plaintiffs,
v.
STEVEN G. GRAHAM, a Minnesota resident, and STEVEN GRAHAM AGENCY, INC., a Minnesota corporation, Defendants and Counterclaimants.

AMENDED JUDGMENT IN A CIVIL CASE

MICHAEL J. DAVIS, Chief District Judge.

This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

IT IS ORDERED AND ADJUDGED THAT:

1. As to Count One (Breach of Contract) of the Complaint [Docket No. 1], Judgment is entered in favor of Plaintiffs American Family Mutual Insurance Company, American Family Life Insurance Company, and American Standard Insurance Company of Wisconsin (together, "American Family") and against Defendants Steven G. Graham and the Steven Graham Agency, Inc. (together, "Graham"), jointly and severally, for $614, 631.61, an amount which includes $538, 789.28 in Extended Earnings payments and $75, 842.33 in prejudgment interest.
2. Plaintiffs' request for declaratory judgment is GRANTED. The Court declares that:
a. The American Family Corporate Agent Agreement between American Family and Graham, which is Exhibit A to the Complaint (the "Agreement"), is valid and enforceable pursuant to its terms;
b. Graham breached Section 6(k) of the Agreement by either lapse, cancel, replace, or surrender insurance policies in force with American Family;
c. As provided in Section 6(u) of the Agreement, Graham must forfeit all Extended Earnings that have been paid to Graham; and
d. As provided in Section 6(u) of the Agreement, American Family has no obligation to continue paying Extended Earnings to Graham.
3. As to Count I (Breach of Contract) of Graham's Amended Counterclaims [Docket No. 25], Judgment is entered in favor of American Family and against Graham.
4. As to Graham's claim for Breach of the Duty of Good Faith, Judgment is entered in favor of American Family and against Graham.
5. Judgment is entered in favor of American Family and against Graham in the amount of costs as taxed by the Clerk of Court.

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