Prudential Insurance Co. of America v. McCurry

Plaintiff, Prudential Insurance Company of America, appeals from an order entered by the circuit court of Knox County dismissing count II of its original complaint against defendant, Mark S. McCurry, a former employee.

The relevant facts are virtually undisputed. In March of 1976, defendant became employed as an insurance agent by Prudential Insurance Company of America (Prudential). At Prudential’s insistence, defendant executed an “Agent’s Agreement,” which was drafted and printed by Prudential. According to the agreement defendant promised to “promote the success and welfare of…