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DOZOR AGENCY v. ROSENBERG (10/03/68)

decided: October 3, 1968.

DOZOR AGENCY, INC., APPELLANT,
v.
ROSENBERG



Appeal from decree of Court of Common Pleas of Delaware County, June T., 1960, No. 1828, in case of Dozor Agency, Inc. v. Carl Rosenberg and World Mutual Health and Accident Insurance Company of Pennsylvania.

COUNSEL

Jack Brian, for appellant.

David Kanner, for appellee.

James E. Meneses, with him E. S. Lawhorne, for insurance company, appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 431 Pa. Page 322]

Dozor Agency, Inc. (Dozor), a corporation engaged in selling insurance, instituted an equity action in the Court of Common Pleas of Delaware County against Carl Rosenberg (Rosenberg) and World Mutual Health and Accident Insurance Company of Pennsylvania (World).

In this action, Dozor alleged, inter alia, that in 1951 it had employed Rosenberg as a subagent, that he was thereafter promoted to sales manager and later became Dozor's president; in all of these capacities he occupied a position of trust and confidence and had access to all of Dozor's records; in May 1960, Rosenberg resigned from Dozor and, allegedly, took from Dozor's files and possession certain confidential records and data including pertinent information concerning active policyholders of Dozor; that these records and information were taken for Rosenberg's own business interest and that of World by whom Rosenberg had become employed; that both Rosenberg and World made use for their own purposes of Dozor's confidential

[ 431 Pa. Page 323]

    information, records and property. World and Rosenberg filed preliminary objections to Dozor's complaint which were overruled by the Court of Common Pleas of Delaware County and, on appeals from such order, this Court affirmed the order of the court below. See: Dozor Agency v. Rosenberg, 403 Pa. 237, 169 A.2d 771 (1961).

Thereafter, after hearings and the taking of considerable testimony, the Court of Common Pleas of Delaware County entered a decree which (1) permanently enjoined World and Rosenberg and their agents from making available to any other person or corporation any information obtained by them from confidential information and records of Dozor and (2) awarding damages to Dozor in the amount of $5,000 as compensatory damages and $1,000 as punitive damages. From that decree, Dozor appealed on the ground that the amount of compensatory and punitive damages was inadequate and could not be supported by the evidence of record.

On March 22, 1966, this Court, affirming the injunctive portion of the decree, remanded the case to the court below for a re-evaluation of damages. Thereafter, World and Rosenberg filed a petition for reargument which was denied.

Sometime thereafter, this Court, sua sponte, determined that reargument should be held limited to the question of the adequacy of the damages awarded by the ...


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