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Worst of the Best

Agent who misrepresented company's A.M. Best rating can't sue after suspension

By Barry Zalma | Updated on March 31, 2013

States are called upon to enforce sanctions against insurance agents and brokers who violate the law and defraud the public. The state agency, performing the duty, acts as both police agencies and administrative agencies called upon to enforce licensing laws relating to the practice of insurance. Because criminals and those who violate insurance laws and regulations to defraud the public are less than reasonable and honorable persons, public officials must be protected from vexatious individuals so they can carry out their duties without fear of multiple lawsuits.

An investigation into the questionable business practices of Alan D. Knowlton’s (“Knowlton”) employer, Bankers Life and Casualty Co. (“Bankers Life” or “the company”), eventually led the Maine Bureau of Insurance (“the Bureau”) and the Maine Attorney General’s Office (“the AG’s Office”) to Knowlton’s front door. Knowlton accepted responsibility for his own unlawful conduct and Judith Shaw, Glenn Griswold and Andrew Black (collectively, “the state officials”), representing the Bureau and the AG’s office, agreed to take no further action against Knowlton. That promise turned out to be short-lived, however, when they agreed to Knowlton’s termination in a separate agreement with Bankers Life. Knowlton sued the state officials and lost and the First Circuit Court of Appeal, in Alan D. Knowlton v. Judith Shaw; Andrew Black; Glenn Griswold, No. 12-1251 (1st Cir. 01/04/2013), was asked to resolve the dispute and allow Knowlton to continue to work.

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