Dunn v. Holladay

1. The first count of the complaint should not have been dismissed as against the defendant National Life Insurance Company (National), because the plaintiff would be entitled to damages against that defendant if he should prove, pursuant to paragraph 1.6 of the count, that Holladay, acting as agent for National, induced annuitants to replace annuity contracts generated by the plaintiff with new ones for the purpose of causing the plaintiff to lose "persistency” commissions and service fees on the replaced contracts. Compare Druker v. Roland Wm. Jutras Associates, Inc., 370 Mass. 383, 385…