Tatum v. Colonial Life & Accident Ins. Co. of America

In Tatum v. Colonial Life & Accident Ins. Co. of America, 1970 OK 27, 465 P.2d 448, the insurer sought an injunction against its soliciting agent for a period of two years after termination of agreement between the parties to prevent him from selling or attempting to sell accident or health insurance to any of insurer's insureds under group policies or franchise policyholders and from inducing or attempting to induce any of the insureds to cancel, lapse or fail to renew their policies. In Tatum, the court explained: "Clearly, this contractual provision is not intended to preclude the defendant from selling, or attempting to sell, any other form of insurance to those insureds, or to preclude him from selling or attempting to sell, any form of insurance (including health and/or accident insurance) to any one else. Just as clearly, it is not intended to protect the plaintiff company against fair competition in the insurance field involved, but is intended to protect the plaintiff company against unfair competition in that field, on the part of its former soliciting agents, particularly that which would result from the former agent's use of information concerning the company's group, and franchise, health and/or accident policies and those insured thereunder, furnished by the company to him as its soliciting agent, or acquired by him through his activities as such a soliciting agent."