Morton J. Carlile and Morton J. Carlile Insurance Agency, Inc.
v. Farmers Group, Inc., et al.

A $328,000.00 jury verdict in a Breach of Contract, Breach of the implied covenant of good faith and fair dealing suit brought by an insurance agent against Farmers Insurance. Lead attorney was associate James Atkins.

Plaintiff's Technical Expert Witnesses: Brian Bergmark, CPA

Date, Time and Place of Incident (s): 4/01/02 San Diego CA

Facts and Background:
Plaintiff, Morton J. Carlile, was a Farmers Insurance District Manager who built and managed his insurance district, a group of 55 successful Farmers insurance agents. Plaintiff began his career as a Farmers District Manager in 1956. Throughout his career, Mr. Carlile earned record achievements in sales with the Company which remain unsurpassed today. In 2000, Farmers Group, Inc. employees told Mr. Carlile to meet certain quotas and goals, or be terminated. These employees interfered with Mr. Carlileês ability to run his business and to achieve these quotas and goals. Mr. Carlile was forced to give his resignation, which he later rescinded. Mr. Carlileês contract was terminated on April 1, 2002. Farmers claimed variously that the contract was terminated for poor performance, to enforce his resignation or simply on 30-days notice.

Plaintiff's Contentions, Allegations:
Plaintiffs contended that the Defendants breached the contract and the implied covenant of good faith and fair dealing, alleging that Plaintiff performed under the contract except to the extent his performance was excused or prevented by Defendants' conduct.

Injuries and/or Damages: Lost future profits

Defense:
Farmers was allowed to terminate the contract on 30-days notice, plaintiff resigned, plaintiff was terminated for poor performance.

Verdict or Award: $328,000.00

Attorney for client: James Atkins

Attorney for defendant:
Philip W. Bartenetti, Leonard Brazil FIRM: Clark & Trevithick, 800 Wilshire Blvd. Los Angeles, CA

Individual Defendants: Farmers Insurance Group

Thorsnes Bartolotta McGuire
2550 Fifth Ave., 11th Floor, San Diego, CA 92103, 619-236-9363