Farmers Insurance Exchange et al v. Steven Phillips, et al.
| Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Exchange, Farmers New World Life Insurance Company and Farmers Insurance Company, Inc |
| Steven Phillips, Steven D. Phillips Insurance Agency, Inc. and First Choice Insurance Agency, LLC |
| 1:2009cv00068 |
| May 22, 2009 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Butler |
| Stephen N Limbaugh |
| Plaintiff |
| 18 U.S.C. ยง 1030 Computer Fraud and Abuse Act |
| Plaintiff |
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Filing
67
MEMORANDUM AND ORDER...IT IS ORDERED that plaintiff's Motion to Enforce Temporary Restraining Order is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that defendants solicitation, servicing, and/or switching ofFarmers New World Life I nsurance Company's variable universal life insurance policies is in violation of the Court's TRO. IT IS FURTHER ORDERED that:(a) Defendants are hereby expressly notified that variable universal life policies issued by FNWL are covered by th e May 27, 2009, Temporary Restraining Order; (b) Defendants are hereby expressly notified that the Court's May 27, 2009 Temporary Restraining Order prohibits them from, among other things, soliciting, servicing, or accepting business from any pe rson who was a policy holder of "insurance business" of record of FNWL on May 8, 2009; (c) Defendants are required to immediately cease providing services either directly or indirectly to Chelsea Edmundsom, Robert Mielke and Lezza Edmundson and take all steps necessary to divest themselves of any dealings with these insureds; (d) Within ten (10) calendar days of the date of this Order defendants must provide plaintiffs with a complete listing of any and all "Life Insurance Illustr ations" that they have issued to any personholding a variable universal life policy or any other kind of insurance policy, issued by any of the plaintiffs since May 8, 2009. IT IS FURTHER ORDERED that defendants shall pay plaintiffs $500 as sanctions for each ofthe three insureds (Chelsea Edmundson, Robert Mielke and Lezza Edmundson) who were improperly solicited, serviced, and/or switched in violation of the Court's TRO for a total of $1,500 in sanctions. These sanctions do not prohibit plaintiffs from seeking and recovering damages for defendants'solicitation, servicing and/or switching of these insureds. IT IS FURTHER ORDERED that Plaintiffs' are entitled to their reasonable attorney's fees inseeking, f iling and obtaining this Order. Within ten (10) calendar days from the date of this Order, Plaintiffs should file an affidavit of the fees they seek in this regard. The Court will then enter an appropriate Order.( Response to Court due by 3/5/2010.) Signed by Honorable Stephen N Limbaugh, Jr on 2/23/2010. (JMC)
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