TMS Insurance Agency, Inc. v. Mitchell

McMurray, Presiding Judge.

Plaintiff TMS Insurance Agency, Inc., an insurance agency, entered into a written independent contractor agreement with defendant Mitchell. The agreement provided that plaintiff was to train and provide certain resources to defendant who would sell insurance. The contract contained three provisions relevant to this action.

Section 5 provided that defendant was to be compensated at the rate of “forty (40%) percent of all commission revenue or other compensation” derived from business initiated or procured by defendant. Section 6 provided that on termination of the…