DeLuca Wins First Round in Legal Skirmish With Allstate

GULFPORT, Miss., Aug. 30, 2011 /PRNewswire/ -- Mario DeLuca, a 42-year Allstate agent, has won round one of his wrongful termination case against Allstate New Jersey Insurance Company.  On Thursday, August 25, a federal judge granted DeLuca's request and remanded the case to the Superior Court of New Jersey.

DeLuca originally filed the case in state court, but Allstate removed it to the United States District Court for the District of New Jersey, insisting that its principal place of business is in the State of Illinois. In seeking to have the case transferred back to the state court, DeLuca's attorney, Michael Garner, argued that New Jersey, not Illinois, is the company's principal place of business.  Ruling in DeLuca's favor, U.S. District Court Judge William J. Martini wrote, "Based on the facts presented, Defendant [Allstate] has failed to persuade this Court that New Jersey is not its principal place of business."   The court observed that Allstate New Jersey had been established as a separate and distinct company to deal with New Jersey's unique insurance scheme and that its president worked out of its headquarters in New Jersey.  

"This decision is a positive sign for Mario," said Jim Fish, executive director of the National Association of Professional Allstate Agents (NAPAA). "State courts tend to be more sympathetic in cases affecting their local citizenry."

NAPAA helped to establish a legal fund so individuals could offer contributions to help DeLuca pay for the litigation.   According to Fish, "This is an important case for the agents of New Jersey. Many have been threatened and more than a dozen have received notice that their contracts will be terminated."

Last week, the NAPAA Board of Directors voted unanimously to affiliate with the Office and Professional Employees International Union (OPEIU) as of September 1. "We see OPEIU as a strong partner that can leverage its formidable strengths to help prevent the sort of problems Mr. DeLuca and thousands of other agents experience daily in their relationships with Allstate," said Fish.

ABOUT NAPAA

Based in Gulfport, Mississippi, NAPAA is a non-profit organization whose members are predominantly insurance agents under contract with Allstate. In addition to offering a variety of benefits and services, NAPAA further serves its members by acting on their behalf and speaking with a distinct and unfettered voice on a wide range of issues. To contact NAPAA, please visit its Website at www.napaausa.org or call (877) 269-3474.

ABOUT OPEIU

The Office and Professional Employees International Union represents more than 125,000 employees and independent contractors in the United States, Puerto Rico and Canada in banking, insurance, higher education, shipping, hospitals, medical clinics, utilities, transportation, hotels, administrative offices and more.

Professional organizations and Guilds affiliated with OPEIU are a diverse group that includes physicians, pharmacists, chiropractors, appraisers, podiatrists, clinical social workers, hypnotists, teachers and helicopter pilots.

SOURCE Office and Professional Employees International Union, AFL-CIO (OPEIU)

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