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Business Planning Keyed to Reed
American Family Mutual Insurance Company v. Roth
Citation:
485 F.3d 930 (2005)Facts
The defendants were insurance agents who sold various insurance products on behalf of American Family Mutual Insurance Company. Their agency contract included an addendum requiring them to submit all new business through the company’s system and specifying that the software and database contained confidential, proprietary, and trade secret information. Agents were prohibited from using or disclosing this information except in the ordinary course of business with the company. The defendants had access to information in the database concerning customers they served, including approximately 2,000 policies reassigned to them from other agents. After being terminated, the defendants began soliciting American Family’s customers using a separate customer list (Exhibit 34) containing 1,847 names, most of which were also in American Family’s database. American Family sued and obtained a preliminary injunction barring defendants from using information downloaded from the database and from servicing American Family’s customers.
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