John J. Sullivan v. Massachusetts Mutual Life Insurance Company

An insurance agent’s employment was terminated and he brought this diversity action against his former employer for damages for an alleged breach of contract. He appeals the grant of summary judgment in favor of the company. We affirm.

From November 1961 through August 1973, John Sullivan was employed by Robert Woods, the general agent for Massachusetts Mutual Life Insurance Company (Massachusetts Mutual) in Los Angeles. About the time he commenced this employment, Sullivan executed a document entitled “Career Contract”, which set forth Sullivan’s rights and duties as an agent representing Massachusetts Mutual (Exhibit B to Motion for Summary Judgment). This contract contained a clause providing that it was terminable at the will of either party. Sullivan was aware of this clause and did not object to it at the time he signed the contract. In March 1971, Sullivan and Massachusetts Mutual executed another document pursuant to which Sullivan was authorized to use the title “General Agent” under certain conditions (Exhibit D to Motion for Summary Judgment). This contract contained the same terminable-at-will clause, of which Sullivan was aware and to which he did not object at the…