HUNTINGTON – An insurance agent says he has not been paid his full commissions by his company and says he is owed more than $600,000
Zachary Keller filed his complaint February 10 in Cabell Circuit Court against Assured Partners of West Virginia LLC.
According to the complaint, Keller worked with Insurance Systems Inc., which was acquired by Assured Partners. He says his compensation structure is governed by a written Producer Compensation System. It sets forth various compensation percentages applicable to new and renewal insurance lines.
He says the agreement says it can be amended or waived only with prior written consent of the company and employee.
In August 2021, Keller says he told the defendant he hadn’t been paid earned commission compensation in accordance with his PCS. On October 20, 2021, Assured’s Regional Director of Human Resources Amy Anderson told Keller his 2012 commission agreement had been “replaced at some point with the new 40/30 commission agreement of which, according to Courtney, you have been paid on.”
Keller says he immediately asked for any written documentation showing his PSC had been modified. On November 4, 2022, Anderson admitted “there was no formal written documentation of the commission restructure that AP rolled out, rather David communicated the chances (sic) to producers verbally.”
Keller says there are no documents amending or changing his compensation plan and that he never produced any such written consent to a change in his compensation plan.
As a result, Keller says he has not been paid his full commissions as required by the agreement. He says the full amount of his unpaid commissions from October 2012 through October 2022 is about $625,000.
He accuses Assured Partners of violation of the West Virginia Wage Payment Collection Act and breach of contract. He seeks compensatory damages, punitive damages, pre- and post-judgment interests, attorney fees, court costs and other relief.
Keller is being represented by Steven P. Turner and Michael A. Frye of Jenkins Fenstermaker of Huntington. The case has been assigned to Circuit Judge Christopher Chiles.
Cabell Circuit Court case number 23-C-61
