LINSEY PORTER V COLONIAL LIFE & ACCIDENT INSURANCE
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STATE OF MICHIGAN
COURT OF APPEALS
LINSEY PORTER,
UNPUBLISHED
Plaintiff-Appellant,
v
COLONIAL LIFE & ACCIDENT INSURANCE
COMPANY,
No. 189352
Wayne Circuit Court
LC No. 94-411628 CK
Defendant-Appellee.
Before: Holbrook, Jr., P.J. and White and R. J. Danhof*, JJ.
WHITE, J. (concurring in part and dissenting in part).
I concur in the majority’s determination that defendant’s letter to plaintiff dated January 23,
1992 constituted termination of plaintiff’s contracts. I conclude, however, that the contracts were
terminated effective that date.
Regarding the split fee agreement, I concur in the result only. Additionally, I observe that
plaintiff has identified no deposition testimony, affidavit or other documentary evidence to support his
argument that there was an oral agreement preceding Scott’s August 2, 1988 letter, which oral
agreement provided for a 25% split fee commission without limitations. Thus, the only evidence of an
agreement before us is Scott’s letter, which set forth the 25% split fee terms and stated that it was
based on the administration of the group to Scott’s satisfaction.
I would affirm the circuit court’s determination that plaintiff has no cause of action for
termination of an employment contract, reverse the circuit court’s determination that the written
agreements were not modified by the agreement to pay plaintiff a split fee percentage, and remand for
determination of the effective date of Scott’s reduction of plaintiff’s percentage under the split fee
arrangement and whether plaintiff is owed any commissions.
* Former Court of Appeals judge, sitting on the Court of Appeals by assignment.
-1
/s/ Helene N. White
-2
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