by Software Automation Holdings, LLC has filed a legal complaint in North Carolina Federal Court (Eastern District) alleging that Insurance Toolkits, LLC and its founders stole the intellectual property of its innovative, cutting-edge software, Best Plan Pro.
The twelve-count complaint includes claims for
- Breach of Contract — for the Defendants’ violation of the Best Plan Pro End User License Agreement (EULA);
- Tortious Interference with a Contract;
- Violation of the Federal Trade Secrets Act of 2016;
- Violation of the North Carolina Trade Secrets Act;
- Federal Unfair Competition;
- Copyright Infringement;
- Intentional Interference with a Prospective Business Advantage;
- North Carolina Unfair and Deceptive Trade Practices
- Civil Conspiracy;
- and Fraud.
Software Automation Holdings alleges that Insurance Toolkits and its founders, Joe Wahl and Frankie Primerano, knowingly created fake user accounts using fictitious names and credit card information to gain access to the Best Plan Pro software and, over several months, utilized these fake accounts to extract data from Best Plan Pro’s databases, in order to improperly create and sell their own software, FEX Toolkit, and later Insurance Toolkits.
In a statement, Jim Higgins, Managing Director of Software Automation Holdings, LLC said:
“Taking legal action was not our first choice, however we have provided ample opportunities for Insurance Toolkits to resolve this matter in good faith. The Complaint — which we provided to Defendants before filing — contains overwhelming evidence of the Defendants’ wrongdoing. We take the protection of our intellectual property seriously. The Complaint demonstrates that the founders of Insurance Toolkits improperly accessed the intellectual property of Best Plan Pro. They rejected all overtures of amicable resolution and forced our hand. Now we intend to prosecute our claims against them to the fullest extent permitted under state and federal law and look forward to holding them accountable for their actions.”
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