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Allstate Life Ins. Co. v. Mota

Insurer Misused Analyst's Name, Image When Falsely Representing His Continued Affiliation

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OPINION AND ORDER Plaintiff/Counterclaim-Defendant Allstate Life Insurance Company (“Allstate”) moves, pursuant to Federal Rule of Civil Procedure 56, for summary judgment in its favor and against Defendant/Counterclaim-Plaintiff James Mota (“Mota”) on all pending claims and counterclaims. Dkt. No. 87. In turn, Mota moves, pursuant to Federal Rule of Civil Procedure 56, for partial summary judgment on his second counterclaim for misappropriation of his name and image. Dkt. No. 89. For the following reasons, Allstate’s motion for summary judgment is denied, and Mota’s motion for partial summary judgment is granted. BACKGROUND & PROCEDURAL HISTORY Allstate initiated this action by filing a complaint on February 2, 2021. Dkt. No. 1. The complaint alleges that Mota was a financial specialist at Allstate before he resigned and began working for Prudential Life Insurance Company (“Prudential”), an Allstate competitor. Id.

20, 32. The complaint alleges that Mota breached the Financial Specialist Employment Agreement he had with Allstate by misusing the Allstate confidential information with which he had been entrusted as a financial specialist and by soliciting Allstate customers to purchase Prudential products and services that competed with Allstate, all in violation of the confidentiality and restrictive covenant provisions of that agreement. Id.

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