AssuredPartners, Inc. v. Schmitt

Plaintiff filed suit to enforce the noncompetition, nonsolicitation and confidentiality provisions in employment agreement with its former employees. Court properly held that restrictive covenants were unreasonable as a matter of law and entered summary judgment against Plaintiffs on claims for breach of contract and injunctive relief. Nonsolicitation provision in Agreement is broader than necessary to protect Plaintiffs’ interest in preventing their former employee from exploiting client relationships he developed and maintained during his employment. Restrictive covenant acts as blanket prohibition intended to bar employee from working as a broker, in any capacity, within entire professional liability insurance business nationwide, and is thus overbroad and unenforceable. Confidentiality provision is patently overbroad and unenforceable. (CUNNINGHAM and CONNORS, concurring.)