Fraser v. Nationwide Mutual Ins. Co. Facts: Fraser joined Nationwide as an employee in 1986. Soon after, he signed the standard Agent’s Agreement to become an exclusive career agent with Nationwide. In 1990 Fraser leased computer hardware and software from Nationwide. In 1996 Fraser participated in the formation of a Pennsylvania chapter of the Nationwide Insurance Independent Contractors Association (NIICA). NIICA is an organization seeking to lobby for increased state regulation of the insurance industry to protect agents. In addition to lobbying legislators and the Pennsylvania Insurance Department, Fraser also drafted a letter to Nationwide’s competitors soliciting their interest in acquiring the business of policyholders currently served by Nationwide’s Pennsylvania agents. Nationwide was unsure if Fraser actually sent this drafted letter, and on August 27, 1998, Nationwide’s director of communications and their assistant general counsel searched Nationwide’s electronic file server for email communication indicating whether or not
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