ILNews

Man entitled to commission, but a reduced amount

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Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.

Wells Fargo Insurance appealed summary judgment in favor of Bruce A. Land, who sold crop insurance for the company from April 2005 until the beginning of February 2006. Prior to joining Wells Fargo, Land worked for JS Crop Insurance, which sold its assets to Wells Fargo in April 2005.

Wells Fargo claimed the trial court erred in determining the amount of Land’s 2005 crop-year commissions and whether the company is entitled to deduct the amount of Land’s 2006 draw from his 2005 commissions. On appeal, Land claimed Wells Fargo’s arguments were barred by judicial estoppel and that he was entitled to additional attorney fees and appellate attorney fees.

In Wells Fargo Insurance Inc. v. Bruce A. Land, No. 48A02-0911-CV-1099, the appellate court ruled Wells Fargo’s arguments weren’t barred by judicial estoppel. The trial court was correct in finding that Land was entitled to commissions for crop insurance he sold in 2005 regardless of when the premiums were paid. Wells Fargo had a commission plan that gave employees commission only when premiums were paid on those policies, and the company claimed Land shouldn’t get any commission on premiums paid after he left the company.

But Land wasn’t aware of, didn’t agree to, nor did he sign the commission plan, wrote Senior Judge John Sharpnack. Thus, he was entitled to nearly $56,000 for 2005 commissions paid to the agency before Jan. 1, 2006, and $10,600 in 2005 commissions paid in 2006 before he left.

Because Land’s 2005 draw was $35,217, that amount was subtracted from his 2005 commissions. Also subtracted was the $10,500 in compensation he received from JS Crop for 2005. Wells Fargo is also entitled to a set-off of Land’s 2006 draw that the company paid him before he resigned. Land was paid solely in commission, and because he didn’t make any commission in 2006, allowing him to keep the $6,049 draw would be windfall. The appellate court subtracted the $6,049 to leave Land with a balance of commission owed him to around $15,300.

In addition, because Wells Fargo already paid him more than $10,000 in commissions in March 2006, the appellate court reduced the amount owed to $4,589. The Court of Appeals applied the statutory penalty provided for in Indiana Code Section 22-2-5-2, and assessed a penalty of more than $9,100 to bring the total owed to Land to be more than $13,700.

Land is also entitled to trial attorney fees, which the trial court denied, as well as appellate attorney fees. The Court of Appeals remanded with instructions to determine the amount and reasonableness of attorney fees to which Land is entitled.
 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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