Kuszmaul v. Sterling Life Insurance
2012 MT 154
| Mont. | 2012Background
- Kuszmaul, an Outside Sales Agent, worked for Olympic Health Management Systems, a Sterling-linked entity, under at-will contracts beginning May 2000.
- She signed multiple agreements prohibiting use of unapproved advertising and affirming at-will employment and waiver provisions.
- Sterling adopted a Zero Tolerance Policy requiring pre-approval of marketing materials; Kuszmaul acknowledged the policy in 2009 documents.
- In Oct 2009 Kuszmaul mailed unapproved marketing letters; Sterling investigated and she apologized in Nov 2009.
- Sterling issued a December 2009 Sales Employment Agreement incorporating policy terms; Kuszmaul was terminated Dec 18, 2009 for policy violation.
- Kuszmaul filed a WDEA complaint in Jan 2010; the District Court granted Sterling summary judgment and denied partial summary judgment; the Montana Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court err granting summary judgment for Sterling on good cause? | Kuszmaul contends no good cause existed. | Sterling had a legitimate, policy-based ground for termination. | Yes, there was good cause; summary judgment affirmed. |
| Did the district court err denying partial summary judgment on Sterling’s affirmative defenses? | Kuszmaul argues defenses should be resolved in her favor. | Sterling’s defenses are properly supported; issue moot after ruling on issue 1. | Not reached; judgment affirmed on issue 1. |
Key Cases Cited
- Williams v. Plum Creek Timber Co., 2011 MT 271 (Mont. 2011) (standard for summary judgment de novo; good-cactored employment context)
- Arnold v. Yellowstone Mtn. Club, LLC, 2004 MT 284 (Mont. 2004) (probationary period and at-will employment considerations)
- Yarbro, Ltd. v. Missoula Fed. Credit Union, 2002 MT 152 (Mont. 2002) (evidence required to defeat summary judgment)
- Tvedt v. Farmers Ins. Group of Cos., 2004 MT 125 (Mont. 2004) (waiver must be unequivocal; not implied by routine actions)
- Sperry v. Mont. State Univ., 239 Mont. 25 (Mont. 1989) (context of waiver and termination rights under policy)