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J. A16035-10 2010 PA Super 178 CHRISTOPHER M. MISSETT, Appellee v. HUB INTERNATIONAL PENNSYLVANIA, LLC, Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA

No. 2096 EDA 2009

Appeal from the Judgment entered January 7, 2010 In the Court of Common Pleas of Montgomery County, Civil Division, No. 08-22584 BEFORE: ALLEN, LAZARUS, and FREEDBERG*, JJ. Filed: September 23, 2010

OPINION BY LAZARUS, J.:

Hub International Pennsylvania, LLC ("HubPa"), appeals the judgment entered on January 7, 2010 in the Court of Common Pleas of Montgomery County in relation to an Order dated December 17, 2008, granting appellee Christopher M. Missett's ("Missett") Motion for Declaratory Judgment1 and denying HubPa's Motion for Preliminary Injunctive Relief. consideration, we reverse and remand for further proceedings. In or around July 2000, Missett became employed by Clair Odell Insurance Agency, LLC ("Clair Odell") as a "producer," or salesperson, in the company's life/benefits department.
1

After careful

In this capacity, Missett originated

Missett's actual filing was styled as a "Verified Complaint for Injunctive Relief," and sought both a declaratory judgment as well as preliminary and permanent injunctive relief. See Complaint, R.R. at 6a.

*Retired Senior Judge assigned to the Superior Court.

J. A16035-10 business for the company, negotiated with potential clients and ensured that existing clients received the coverage and services that they expected. 266a-267a. On July 1, 2000, Missett executed a Producer Agreement with Clair Odell, which contained a non-solicitation clause preventing Missett from soliciting Clair Odell's clients or prospective clients for two years following termination of the Agreement. The Agreement also provided that certain of Missett's clients (the "exempt clients") were excluded from the non-solicitation provision. In 2001, Citizens Financial Group ("Citizens") purchased the membership interest2 in Clair Odell, later changing the name of the company to Citizens Clair Insurance Agency, LLC ("Citizens Clair"). On December 31, 2002, Missett entered into a second Producer Agreement3 that amended and restated the original 2000 Agreement. confidentiality
2

R.R.

The 2002 Agreement contained the same provisions as the 2000 Agreement

and

non-solicitation

A "member" of a limited liability company is defined as "[a] person who has been admitted to membership in a limited liability company and who has not dissociated from the company." 15 Pa.C.S.A.

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