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NAGY v. FARMERS INS. EXCHANGE

Nos. 83-1703, 83-1724.

758 F.2d 189 (1985)

Richard NAGY, Plaintiff, v. FARMERS INSURANCE EXCHANGE, a foreign Insurance company; Truck Insurance Exchange, a foreign insurance company; Mid-Century Insurance Company, a foreign insurance company; Farmers New World Life Insurance Company, a foreign insurance company; and d/b/a Farmers Insurance Group of Companies, all jointly and severally, Defendants and/or Third Party Plaintiffs-Appellees, Cross-Appellants, v. COMMISSIONER OF INSURANCE for the State of Michigan, Involuntary Plaintiff and/or Third Party Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 4, 1985.

Rehearing and Rehearing Denied May 21, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen. of Michigan, Harry G. Iwasko, Jr., William Chenoweth (argued), Asst. Attys. Gen., Lansing, Mich., for Com'r of Insurance.

Ronald E. Westen (argued), Thomas F. Kauza (argued), Harvey, Kruse, Westen & Milan, Detroit, Mich., for Farmers Ins. Exchange, et al.

William A. Boos, Lansing, Mich., amicus curiae for Independent Insurance Agents of Michigan.

Before MERRITT and MILBURN, Circuit Judges, and WEICK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied May 21, 1985.

MERRITT, Circuit Judge.

This action arises from the termination of plaintiff Richard Nagy's insurance agency contract with defendant Farmers Insurance Group. Nagy sought damages from Farmers on the ground that the termination of his contract was illegal under the Michigan Essential Insurance Act, M.C.L.A. § 500.1209. Farmers then joined the Michigan Insurance Commissioner as an involuntary plaintiff...

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