Court Rules Independent Agents are Employees of Insurer
August 16, 2017 by Cyril Tuohy
A federal district court finding that independent agents working for American Family Insurance Group are company employees under the Employee Retirement Income Security Act (ERISA) could lead to other agents filing similar lawsuits, a legal expert said Monday.
The finding by the U.S. District Court for the Northern District of Ohio was certified for immediate appellate review, and the defendant noticed its appeal in the class-action case.
“While each case is a fact-intensive inquiry, if the appellate court affirms the lower court ruling you may have a lot more claims being made that (insurance) agents are employees,” said Gail L. Westover, an employment litigation partner with Eversheds Sutherland.