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WASHBURN v. RABUN

No. 84-7093.

755 F.2d 1404 (1985)

John E. WASHBURN, Director of Insurance for the State of Illinois, Plaintiff-Appellant, v. Gene RABUN, d/b/a Rabun's Insurance Agency, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 11, 1985.

Attorney(s) appearing for the Case

Edmon L. Rinehart, Montgomery, Ala., for plaintiff-appellant.

Andrew P. Campbell, W. Clark Watson, Birmingham, Ala., for defendant-appellee.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and THORNBERRY, Senior Circuit Judge.

GODBOLD, Chief Judge:

This case concerns whether an individual who is a licensed Alabama insurance agent is liable for premiums collected by an Alabama corporation of which he is the sole stockholder, officer and director. There are two potential grounds of liability. First, the licensed agent may be liable under Alabama Code §§ 27-7-1(a) (1975), requiring insurance agents and brokers to be natural persons, and 27-7-36 (1975), providing that all premiums...

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