[Download] "Benefits Administration Corporation v. Philip A. Rearick" by Texarkana No. 9368 The Sixth Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Benefits Administration Corporation v. Philip A. Rearick
- Author : Texarkana No. 9368 The Sixth Court of Appeals
- Release Date : January 07, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Benefits Administration Corporation appeals from a summary judgment denying it any recovery in its suit for breach of contract against Philip Rearick. It raises an issue concerning the enforceability of a written contract between the parties to share commissions earned by Rearick, a licensed insurance agent, for sales of United Fidelity Life Insurance Company insurance policies. We conclude that the agreement is unenforceable because it violates the Texas Insurance Code, and affirm the trial court's judgment that BAC take nothing by virtue of its suit. In his answer, Philip Rearick raised the illegality of the contract as a defense to BAC's action and he also filed a motion for summary judgment based on the contract's illegality. BAC filed no response to the motion for summary judgment. The trial court granted the motion and entered judgment adverse to BAC. The contract which is the subject of this suit provides:
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