Frankiewicz v. National Comp Associates

GREENHILL, Chief Justice.

In this suit by Richard J. Frankiewicz to recover commissions on insurance renewal premiums, a summary judgment was entered in favor of the defendant, National Comp Associates (NCA). The Court of Civil Appeals affirmed with one justice dissenting. 620 S.W.2d 762. We reverse because the agency contract contains an unenforceable, unreasonable non-competition limitation; and the withholding of those commissions is tied to the non-competition agreement.

Frankiewicz, an insurance agent, entered into an agency contract with NCA in February 1974. In October 1976, Frankiewicz…