Terrill v. Western American Life Insurance Company

OPINION

MARTINEZ, Justice.

Plaintiff brought this suit in the District Court of Curry County to obtain an accounting for renewal commissions on life insurance policies sold, amended or converted through his efforts and for judgment for any unpaid commissions due him. Plaintiff’s complaint was based on a letter agreement dated October 15, 1965, providing for 7y2% of lifetime vested renewals on particular policies that he sold, amended, or converted.

Defendant raised only the affirmative defenses of res judicata and that all the monies and accountings had been paid or made.

Judgment for the…