MORGART v. UNION MUT. LIFE INS. CO.

Civ. A. No. 85-5104.

644 F.Supp. 934 (1986)

James C. MORGART and Financial Ecology, Inc., Plaintiffs, v. UNION MUTUAL LIFE INSURANCE COMPANY, Unionmutual Stock Life Insurance Company of America, and Unionmutual Stock Life Insurance Company of New York, Defendants.

United States District Court, D. New Jersey.

September 30, 1986.


Attorney(s) appearing for the Case

Hanlon, McHeffey, Herzfeld & Rubin by Robert M. Hanlon, Edison, N.J., and James R. Hubbard, Miami, Fla., and Proenza, White & Huck by David J. White, Miami, Fla., for plaintiffs.

Crummy, Del Deo, Dolan, Griffinger & Vecchione by Arnold B. Calmann, Newark, N.J., Shutts & Bowen by Wm. J. Gallwey, III, Miami, Fla., for defendants.


OPINION

STERN, District Judge.

Plaintiff, James C. Morgart, was general agent in the State of New Jersey for Union Mutual Life Insurance Company from 1971 until 1983. The agency agreement between Morgart and Union Mutual contains a provision giving each party the right to terminate on thirty days notice. Morgart alleges that this provision was modified by several written representations, confirmed orally, that the company would not terminate as long as Morgart...

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