Federal case No. 6:26-cv-00746
The court record and source documents
Van Der Werff et al. v. Colonial Life & Accident Insurance Company et al., United States District Court for the Northern District of New York.
The official ECF/PACER docket and filed documents control. This page is a readable summary, not a substitute for the record.
What the verified complaint alleges
The complaint alleges that Bert J. van der Werff and Timothy L. Vaughn Jr. spent years building substantial producer businesses, employer relationships, commissions, and renewal streams through Colonial Life, Paul Revere, and the Colonial Voluntary Benefits branding used for New York business. Colonial Voluntary Benefits is separately named as a defendant; the complaint alleges that it is a marketing or trade name through which Colonial and/or Paul Revere products are marketed and sold. The complaint further alleges that defendants used false or materially misleading accusations in connection with the January 23, 2026 terminations, impaired third-party business relationships, mishandled compensation and notice rights, and failed to provide a complete accounting.
The pleaded claims include defamation, injurious falsehood, tortious interference with business relations, breach of contract, breach of the implied covenant of good faith and fair dealing, declaratory relief, and an accounting. Pleading a claim is not proof that it will succeed.
What the defendants contend
The defendants deny wrongdoing. Their court papers contend that the producer agreements authorized the challenged actions, that the claims belong in arbitration, and that the complaint should otherwise be dismissed. Plaintiffs dispute those positions, including whether the copies filed by defendants establish assent to arbitration.
Key public-record timeline
- Immediate DGA termination and separate ADM notice.
Bert's letter invoked an immediate for-cause termination and accused him of misleading conduct. Timothy's separate notice referred to thirty days, while the complaint alleges that practical access and earning ability ended immediately.
- Recorded compensation call.
The transcript reflects discussion of vesting, commission offsets, hardship, the election forms, and the company's explanation of the employer's stated “feeling.” The parties dispute the legal meaning and implications.
- Verified complaint filed.
The action was filed in Oneida County Supreme Court and later removed to federal court.
- Removal to the Northern District of New York.
The federal case number is 6:26-cv-00746.
- Motion concerning arbitration and dismissal.
Defendants filed a motion to stay and compel arbitration or, alternatively, dismiss. The official docket controls the motion's current status.
- “Forfeiture of Commissions” letter.
Paul Revere stated that it was “now and forever” forfeiting all rights to commissions, bonuses, or other compensation. Bert denies the allegations stated as the basis for that action and understood the decision to end his remaining renewal stream.
Documents available here
Common questions
What is the central factual dispute?
Bert denies that he ever conditioned Colonial, Paul Revere, or Colonial Voluntary Benefits coverage on another program. The complaint identifies employer communications, marketing language, signed election forms, and a later call as support for that denial. Defendants dispute liability and rely on their agreements and investigation.
Why is the June 1 letter important?
It is the document that stated Paul Revere's decision to forfeit all rights to commissions, bonuses, or other compensation. Bert understood its effect to include the remaining renewal commissions he had built over years.
Has the case been decided?
No merits ruling is represented on this website. The official federal docket and court orders control.