Agent Cicciarelli of Prestige Insurance signed up as an ECP (Enhanced Compensation Plan) scratch agent, which means he would receive higher than usual commission paid to agents by Allstate. He signed up on 8/1/20 and became instantaneously a superman agent – because he claimed, “Cicciarelli and Prestige, by all objective calculations, was the most successful Allstate agent in the country.” (§28) With that kind of success, he would be able to receive tons of commission money from Allstate, who at the time, according to Cicciarelli, “intended to reduce the commissions and bonuses paid to agents regardless of contractual obligations.” (§30) In his view Allstate wanted to renege on the contractual promise of paying him a higher commission and thus allegedly started an investigation on him with the purpose of cancelling his contract. The investigation was done on 10/12/20 and because of which he was terminated on 11/13/20.
He was accused of “providing false information to the company and failing to issue policies according to Allstate guidelines.” He asked for the investigation findings and on 12/14/20 Allstate replied, “We will not provide you with any of the internal investigation material that you requested.” (§55) They would only send the findings to the Florida Office of Insurance Regulation, who did not assist Cicciarelli to obtain the findings. Should the insurance regulator assist him to have a due process, which had been denied to him by Allstate?
Allstate successfully dismissed Count II, IV, and V by utilizing Shotgun Pleading of Florida. Count 1 and III stayed. The suit might be resolved through mediation. We shall follow up.