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ARTICLE · 24 JUNE 2006

Holding Company Act Provisions May Affect Executive Contracts

A little known decision by an Oklahoma Appellate Court may affect employment contracts between insurers and their executives. In that decision, the court upheld a decision by the Oklahoma Insurance Commission that the employment contracts were void, since they had not been filed with or approved by the Commission as required by the Oklahoma Insurance Holding Company Act.

United StatesInsurance

A little known decision by an Oklahoma Appellate Court may affect employment contracts between insurers and their executives. In that decision, the court upheld a decision by the Oklahoma Insurance Commission that the employment contracts were void, since they had not been filed with or approved by the Commission as required by the Oklahoma Insurance Holding Company Act. Since the same type of law has been adopted in all or almost all states, the decision could serve as a precedent in any attempt to overturn an insurer’s employment contracts.

Facts.

Two individuals — Paul Anderson and Ansil Ludwick — were employed by Victore Insurance Company as President and Executive Vice President, respectively; they were also directors of the Company. At a Board meeting in 1992, the directors voted to enter into three-year employment agreements with these two men. In 1994, the company terminated these two men’s employment. The two men then sought their salary for the remainder of the contract

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