When each defendant began to work as a nationwide insurance agent, he or she sig
ID: 455257 • Letter: W
Question
When each defendant began to work as a nationwide insurance agent, he or she signed an identical, standard-form contract with Nationwide called an Agent's Agreement. By the terms of the contract, each defendant's relationship with the company was that of an exclusive agent and "independent contractor." Initially, the agents were given a large number of policyholder files of preexisting nationwide customers. From then on, they serviced these customers and solicited new ones. In the course of this work, they maintained physical policyholder files containing information relevant to the customers' insurance needs, including documentation that they received from both the customers and Nationwide ...Explanation / Answer
To
Sam Sinese
VP
Operations
Subject : Termination & its Effects of Nationwide Insurance Agent
Dear Sir ,
After studying so many observation & analysis Following points have been concluded.
1) Case Filing :
Nationwide Insurance Agent case filled in Federal court . Because it was meaning less to file the case in State court. Our companies agents are distributed across the nation , in all states. Now when all agents are distributed across the nations , then it was very ineffective to file case in state court.
State court has some jurisdiction . Beyond that State court can not go. Now those who are away from the jurisdiction for them the filing was applicable then. One option was to file the case in all state court. But again that was time consuming , costlier , needs more resources etc
So Management decides to file the case in Federal court.
2)Trade Secret :
Yes its clear from the case that Nationwide Insurance Agent has broken down the trade secret by giving the information of present customer to the competitors. Competitors used that information for selling the insurance . Here is the unethical practices conducted & that happened in every business at major minor level.
Now in this phase court determined that Nationwide Insurance Agents has leaks the information through scree prints .
3) Yes this is possible . Company can maintain the data base other than policy holders . For this company needs to create strong system. This system will ensure the access of data to only authorize persons. The agents who are handling customers that agents should have only minimum information. If company gives very less rights to agents then its better for company for protection. To avoid in convince with customers, what company can do is to get in touch with customer continuously. Now at present there are various communication tools are available which are very effective.
So conclusion is that don’t give data to agent in excess & develop a proper system.
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