Gibson v. Steger (In Re Gibson)

OPINION AND ORDER

RICHARD L. MERRICK, Bankruptcy Judge.

This cause arose from the complaint of the debtor, Diane L. Gibson, to obtain $4,192.94 in insurance commission retained by Steger/Rylowicz Agency (hereinafter the “General Agent”). Passing for the moment the question of whether Gibson was an employee of the General Agent or an independent contractor, the essential facts are not in dispute.

Steger/Rylowicz Agency was a General Agent to New England Mutual Life Insurance Company (hereinafter “New England Mutual”). Gibson was described in her employment contract as an “Agent”, but in common…