Legal Opinion
Werlinger v. Mutual Service Casualty Insurance Co.
North Dakota Supreme Court
Decided February 23, 1993No. Civ. 920128PublishedCited by 18 opinions
1Opinion of the Court
LEVINE, Justice.
Mutual Service Casualty Insurance Company, Mutual Service Life Insurance Company, and Modern Service Insurance Company (MSI) appeal from a judgment awarding Larry W. Werlinger termination compensation due him under the parties’ agent’s contract. We conclude that a non-competition clause in the contract is an unlawful restraint of trade, void under § 9-08-06, N.D.C.C.,1 and we affirm the judgment.
Werlinger was an MSI insurance agent in Fargo from 1977 until he resigned in 1991. Paragraph 12(A) of the parties’ contract provided that an agent, with at least 500 policies and at…
2Cases cited6 opinions
- Glatt v. Bank of Kirkwood PlazaNorth Dakota Supreme Court · 1986
- Johnson v. Peterbilt of Fargo, Inc.North Dakota Supreme Court · 1989
- Olson v. SwendimanNorth Dakota Supreme Court · 1932
- Spectrum Emergency Care, Inc. v. St. Joseph's Hospital & Health CenterNorth Dakota Supreme Court · 1992
- Buskuhl v. Family Life Insurance Co.California Court of Appeal · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Western National Mutual Insurance Co. v. University of North DakotaNorth Dakota Supreme Court · 2002
- Earthworks, Inc. v. SehnNorth Dakota Supreme Court · 1996
- Score v. American Family Mutual Insurance Co.North Dakota Supreme Court · 1995
- Warner Co. v. SolbergNorth Dakota Supreme Court · 2001
- Osborne v. Brown & Saenger, Inc.North Dakota Supreme Court · 2017
13 more not listed; retrieve them via the Exa API.