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... grounds as anti-solicitation covenants. The Court upheld such covenants among former law partners in Howard v. Babcock (1993) 4 Cal.4th 409, 25 Cal.Rptr.2d 80. That case, however, dealt with lawyer-owners, and I am not sure to what extent it supports agency non solicitation and non acceptance covenants. An alternative to an outright prohibition against soliciting or accepting business is to use a reasonable commission split if an account wishes to follow a departing producer, whether or not the account was solicited. The bottom line is that covenants against ... Every agency should have a form of employment (or independent contractor) contract with its producers at a minimum, and ideally with each of its employees. Such agreements are needed to spell out the status of the producer as employee or independent contractor. They state who owns the expirations being serviced by the producer, and how they are to be protected. They cover how the agreement is to be terminated, and protect against improper termination by the employer and against groundless wrongful termination suits by the employee. 2.2.1 Employee or independent contractor ... rights. Arbitration and mediation are discussed in greater detail in the chapter on litigation, at paragraph 4.5. 2.3 Buy-sell or other agreements to cover if the owner dies prematurely, becomes disabled, or leaves. Owners of insurance production agencies should decide how they intend to dispose of their agency interest on retirement or death when they first determine the form of the agency, and on every change of form thereafter. The intangible assets of a production agency can be lost very quickly on the disability or death of a producer, so some ...

...agencies, to protect trade secrets. Non-competition Agreements are also import... insurance. Life insurance can be owned by an individual (or his spouse) o...