LLC v. Illinois Mutual Life Insurance Company (2010)

MEMORANDUM OF DECISION RE OBJECTIONS TO REQUEST TO REVISE

The defendant in this case has filed fifteen requests for revision.   The plaintiffs have objected to each of the requests for revision.

Request to revise one through five.   These requests address the first three counts of the plaintiffs' complaint.   They are granted in part and denied in part.

The first three counts of the complaint plaintiffs assert damage to reputation of business, slander and libel claims.   The complaint in its prayers for relief seeks, among other things, monetary damages, punitive damages and injunctive or equitable relief.   The plaintiffs in this action, include Financial Consulting, LLC, which was a general agent of the defendant and ten individual agents who were appointed as selling agents by the general agent.   The court is satisfied that the plaintiffs have alleged with sufficient particularity the statements that they rely on to assert the claims in the first three counts and the time frame in which those statements were made.   However, the general agents and each of the selling agents may have separate and distinct claims for monetary damages.   The court therefore orders the plaintiffs to allege in separate counts the claims of each plaintiff or group of plaintiffs that are made in the first three counts.   Groups of plaintiffs may be combined in one count if that group of plaintiffs relies the same evidence supporting their specific claims of monetary damages.

Request to revise six and seven.   These requests are addressed to the fourth count of the complaint.   The fourth count alleges that the defendant terminated the plaintiffs' contracts for cause when no just cause existed and the termination was not made in good faith.   The court orders that each agent or group of agents to separate their claims into separate counts.   More than one plaintiff may be included in one count if each of the plaintiffs in the group is relying on the same measure of damages as the other.

Request to revisions eight and nine.   These requests are directed to the fifth count of the complaint.   The fifth count of the complaint alleges that the defendant's conduct involved an unreasonable risk of causing emotional and mental distress and that the distress might result in illness or bodily harm.   The claims asserted in this count necessarily focus on each of the individual plaintiffs' specific claims.   Request to revise number eight is denied.   Request to revise number nine is granted.

Request to revise ten and eleven.   These requests are addressed to the sixth count of the complaint.   The gravamen of the sixth count of the complaint is that the defendant is continuing to collect, and will collect in the future, premiums on insurance policies that the plaintiff agents sold on behalf of the defendant and that the defendant has continued to collect the premiums, but has refused and neglected to pay commissions that are earned by the plaintiffs on these policies.   The request to revise asks the plaintiffs to identify the specific insurance policies on which each plaintiff anticipated a commission.   That request for revision is denied.   Request to revise eleven asks that the plaintiffs separate into separate counts the claims of each plaintiff who asserts that he or it is entitled to the continuing payment of commissions for policies that were sold.   This request to revision is granted.   The plaintiff is ordered to allege in separate counts the claims of each plaintiff or group of plaintiffs.   Group of plaintiffs may be included in a single count if each of the plaintiffs in the group is relying on the same measure of damages as the other.

Revisions twelve and thirteen are addressed to the seventh count of the plaintiffs' complaint.   It asserts that the defendant tortiously interfered with the plaintiffs' trade, business or pecuniary expectations.   The request to revise are granted to the following extent.   The plaintiff is ordered to allege into separate counts the claims of each plaintiff or group of plaintiffs as are made in the seventh count.   A group of plaintiffs may be included in a single count if each of the plaintiffs in the group is relying upon the same measure of damage as the other.

Request for revision fourteen is addressed to the eighth count of the complaint which alleges a violation of the Connecticut Unfair Trade Practices Act. The request for revision is granted.   The plaintiff is ordered into separate counts the claims of each plaintiff or group of plaintiffs as are made in the eighth count.   More than one plaintiff may be included in a single count if each of the plaintiffs in the group are relying upon the same measure or evidence of damage as the other in support of the claims alleged in that count.

Request for revision fifteen is addressed to the ninth count and alleges a violation of the Connecticut Unfair Insurance Practices Act. Request to revise is granted to the following extent.   The plaintiff is ordered to allege into separate counts the claims of each plaintiff or group of plaintiffs as are made in the ninth count.   A group of plaintiffs may be included in a single count if each of the plaintiffs in the group is relying upon the same measure or evidence of damage as the other.

Cosgrove, J.

Cosgrove, Emmet L., J.