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Business Associations Keyed to Hwang, 3rd Ed.
Olander v. State Farm Mutual Auto Insurance Company
Citation:
317 F.3d 807 (2003)Facts
Brian Olander became a State Farm insurance agent trainee in 1979 and entered into an independent contractor agency agreement in 1981 to represent State Farm in Mandan, North Dakota. Over seventeen years, Olander built a highly successful agency serving over 5,000 active policyholders with annual commissions of approximately $200,000. He received no adverse performance ratings from State Farm. In August 1996, Olander was arrested and charged with murder following a violent altercation with a neighboring landowner. State Farm offered Olander an unpaid leave of absence during which State Farm would service his business, he would receive no compensation, and either party could terminate the arrangement at any time. When Olander refused this offer by the August 30, 1996 deadline, State Farm terminated his agency agreement effective August 31, 1996, and reassigned his policyholders to other agents. Olander was subsequently convicted of manslaughter, but the North Dakota Supreme Court reversed his conviction due to instructional error, and he was acquitted after a second trial. However, by that time he had lost his agency agreement and could not be licensed as an insurance agent without a company sponsor.
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