Judge rejects AssuredPartners’ unit’s TRO bid in dispute with EPIC

A federal judge in St. Louis Monday denied a unit of AssuredPartners Inc.’s motion for a temporary restraining order against three brokers who left to join rival EPIC Insurance Brokers & Consultants, saying it could not demonstrate irreparable harm.

U.S. District Judge Sarah E. Pitlyk of the Eastern District of Missouri said AssuredPartners of Missouri LLC presented “nothing more than speculative and conclusory allegations” on how the former brokers’ alleged conduct caused harm to its reputation or goodwill.  The judge also said the damages sustained by the AssuredPartners unit are monetary and thus calculable. The case is AssuredPartners of Missouri LLC v. Edgewood Partners Insurance Center Inc. et al.

The St. Louis-based AssuredPartners unit sued EPIC, Rick Frechmann, Joleen Mayfield and Brad Snitzer in December, saying the brokers violated restrictive covenant agreements barring them from using its confidential information and soliciting active and prospective clients.

The brokerage fired the three brokers on Nov. 26 for allegedly taking confidential information, and they joined EPIC on Dec. 2. AssuredPartners said EPIC persuaded the brokers to leave and use the confidential information, court records show.

AssuredPartners requested the temporary restraining order, claiming it had received broker of record letters from three clients that said they were moving their business to EPIC and similar notice from three other customers since the brokers resigned.

Representatives for the parties did not respond to requests for comment.