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Mc, Curley Page 2 broker), and that broker would generally split the commission with Mc, Curley. In August of 2008, after Lockhart's then-girlfriend Jody Sheppard had just end up being a licensed insurance coverage agent, Lockhart began referring and presenting potential group health, term life, and long-lasting care insurance customers to Sheppard, who at one point later on worked for the Stevens Group, a competitor of Mc, Curley's firm.
A few of the clients who Lockhart referred or presented to Sheppard were existing Mc, Curley property and casualty consumers who were being serviced by licensed recommendation markets. Likewise in August of 2008, Lockhart created a Web domain name for his side service, Lockhart Associates. He interacted with Sheppard with an email address with the Lockhart Associates domain.
In this regard, in 2007 Lockhart made an application for and was reappointed as an agent for Illinois Mutual Life, with whom he had a preexisting relationship. Lockhart admitted that did not divulge any of these side dealings to Mc, Curley or acquire Mc, Curley's approval to take part in them on the side.
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Lockhart did admit that in February of 2009 he obtained Mc, Curley clients to buy long-lasting care Lockhart v. Mc, Curley Page 3 insurance from Mass, Mutual through Sheppard. After Mc, Curley discovered of Lockhart's side transactions, he fired Lockhart on April 23, 2009. Thereafter, Lockhart's computer system at Mc, Curley's agency was analyzed, and it was identified that Lockhart had actually copied personal details onto a thumb drive about 10 days before he was fired.
Lockhart likewise confessed that, after he was terminated, he triggered or tried to trigger Mc, Curley customers who had actually been his customers to move their service away from Mc, Curley. Read This , Curley sued Lockhart five weeks after shooting him and obtained a momentary restraining order. After a hearing, the trial court entered a short-lived injunction, which was appealed to this court (and affirmed on March 10, 2010).
Mc, Curley, No. 10-09-00240-CV, 2010 WL 966029 (Tex. App. Waco Mar. 10, 2010, no pet.) (mem. op.). Meanwhile, Mc, Curley served discovery (ask for admission and production and interrogatories) on Lockhart. Mc, Curley submitted 3 motions to compel discovery actions in February of 2010. The movements also sought sanctions in the kind of attorney's fees and extra sanctions as are simply.