MacKenzie Insurance Agencies, Inc. v. National Insurance

I respectfully dissent.

The facts are essentially undisputed, and despite the majority’s factual recital, I will necessarily refer to various facts of record in order to lend context to this dissent.

In entering into an agency contract with National Insurance Association (NIA), MacKenzie Insurance Agencies, Inc. (Mac-Kenzie) agreed to a fifteen percent commission on total insurance sales placed with NIA. MacKenzie, an independent insurance agency that sells insurance pursuant to agency agreements with a number of insurers, also agreed, under the terms of the agency contract with NIA, to the…