A sovereign jury in Ohio motionless final week dynamic that thousands of agents with Madison, Wisconsin-based American Family Mutual Insurance (AmFam) are employees, not eccentric contractors.
According to a news recover from plaintiff attorneys concerned in a case, a jury in a United States District Court for a Northern District of Ohio returned a unanimous preference in a box following a two-week trial.
The jury found that American Family improperly personal a agents as eccentric contractors, according to a matter expelled by Landskroner Grieco Merriman LLC
The jury’s outcome is advisory. Judge Donald Nugent, who approved a box as a category movement and presided over a advisory jury trial, has nonetheless to adopt a jury’s end and emanate a grave ruling. If adopted, a box would ensue to a pill proviso to revive and strengthen retirement advantages for 6,978 stream and former AmFam agents opposite a country.
“The jury apparently concluded that AmFam can't have it both ways,” settled profession Erin K. Dickinson of Crueger Dickinson in Madison, Wisconsin. “A association can't only call a agents ‘independent contractors’ to equivocate following a sovereign law safeguarding retirement advantages and afterwards insist on determining how those agents do their work.”
Jammal, et al. v. American Family Insurance, Case No.: 13-cv-00437 centered on a claim that AmFam avoids complying with ERISA, a sovereign law that protects retirement benefits, by improperly classifying a agents as eccentric contractors when they are indeed employees, according to a plaintiff’s attorneys.
Cleveland.com reported that a box was attempted in Cleveland since dual of a strange plaintiffs are located there.
American Family did not immediately respond to a ask by Insurance Journal for criticism on a case. However, Cleveland.com reported that in an emailed matter a insurer pronounced while it values a agents, it “strongly disagrees” with a jury’s decision.
Crueger, Dickinson, and profession Ed Wallace of Wexler Wallace LLP (Chicago, Illinois) served as hearing warn for a category of AmFam agents.
In further to a hearing warn team, a plaintiffs were also represented by Kara A. Elgersma of Wexler Wallace LLP, Jack Landskroner and Drew Legando of Landskroner Grieco Merriman LLC (Cleveland, Ohio), and Gregory F. Coleman of Greg Coleman Law PC (Knoxville, Tenn.).