RE: Farmers
Insurance Group 2013 Agent
Appointment Agreement
Dear Mr. Maile:
Per
your prior requests, I am
directing to your attention this
communication on behalf of the
United Farmers Agents
Association (“UFAA”). My client
feels it important to alert your
client to disturbing situation
and coercive efforts to force
existing Farmers agents to enter
the new Agent Appointment
Agreement.
As I am sure you are aware,
existing agents are not required
to enter into the new 2013 Agent
Appointment Agreement (“AAA”).
In fact, Farmers Group, Inc.
(“FGI”) repeatedly assured
existing agents that entering
into the new 2013 AAA and/or the
addendums was their choice – and
their choice alone – to make.
Additionally, requiring existing
agents to enter into the new
contract would of course be
inconsistent with their rights
as purported independent
contractors.
Unfortunately, it would appear
that certain individuals within
FGI or under its direction have
misunderstood that the decision
whether to accept the new
contract is a voluntary one to
be made by each agent. Worse,
some of these individuals are
now threatening to take adverse
action against agents who have
not yet signed the new contract.
For instance, a Division Sales
Manager in Ohio recently advised
agents that: “Those agents that
have signed the new agreement
have been given priority for
those division sponsored
marketing and growth
opportunities."
(Exhibit
1.) In that case, agents
who had not signed the new
agreement were barred from
attending a marketing service
program. More startling yet,
agents in Colorado have actually
been threatened with termination
if they will not sign the new
contract. These are but two
examples of adverse action that
has been threatened.
On behalf of UFAA and its member
agents across the country, I am
demanding that FGI, the
Exchanges and their subsidiaries
cease and desist any efforts to
compel existing agents to sign
the 2013 AAA or a related
addendum. Please confirm
compliance, in writing, within
fourteen days of the date of
this letter. As always, UFAA
reserves all rights to pursue
any and all available legal
remedies on behalf of its
members.
Please contact me if you have
any questions about the
foregoing or wish to discuss
this matter further.
Very truly yours,
Dirk A. Beamer