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Baty v. Protech Insurance Agency

Had the parties intended to release claims sounding in tort as well as claims sounding in contract, they easily could have included language to that effect in their settlement agreement or entered into a broad form general release; because they did not, the court will not rewrite their settlement agreement to release claims not mentioned.

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MOTIONS FOR REHEARING GRANTED AND OVERRULED; OPINION FILED APRIL 5, 2001, WITHDRAWN; AFFIRMED, IN PART, REVERSED AND REMANDED, IN PART; AND OPINION ON REHEARING FILED NOVEMBER 29, 2001.

OPINION ON REHEARING

This case arises out of a dispute between an insurance agency and two of its former officers and shareholders who formed a competing business. After initially settling some of their claims, the insurance agency, appellant Baty & Associates Insurance Agency, Inc. (“BAI”) and its remaining shareholder, appellant Rick D.Baty (“Baty”), brought suit against the former officers, appellees Connie Suzanne Malliaros (“Malliaros”) and Treva C. Neill (“Neill”) and their new company, appellee ProTech Insurance Agency (“ProTech”), claiming the individuals had breached their fiduciary duties and had wrongfully diverted BAI’s business to ProTech. BAI and Baty also sued four insurance companies whom BAI claims wrongfully interfered in BAI’s existing and prospective business relationships and conspired with its former fiduciaries to steal BAI’s customers. The trial court granted summary judgment in favor of ProTech, Malliaros, Neill, and all four insurance companies. In our original opinion, we affirmed, in part, and reversed and remanded, in part.

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