Shell v. Metropolitan Life Insurance

MILLER, Justice:

The circuit court, having found constitutional the provisions of W.Va.Code, 33-12A-1, et seq. (1984), prohibiting an insurance company from discharging its agents except for “good cause” as defined in the statute, has certified this question to us. We find these provisions to be an unconstitutional impairment of existing contractual obligations under Article I, Section 10, Clause 1 of the United States Constitution 1 and Article III, Section 4 of the West Virginia Constitution. 2

The material facts of this case are essentially undisputed. On or about September 30, 1968, Bobby…