“Sham lawsuit” was allegedly deployed to scare off shared customers
Transformation
By Kenneth Araullo
Dec 04, 2025ShareApplied Systems and Comulate are now locked in cross litigation in Delaware, with Comulate filing a verified complaint in the Court of Chancery seeking immediate relief to halt what it describes as Applied’s campaign to eliminate competition in the insurance technology market.
The move follows Applied’s November lawsuit accusing Comulate of misusing trade secrets and intellectual property tied to the Applied Epic agency management system.
Comulate’s complaint frames the new action as a direct response to Applied’s suit, which the startup contends is “frivolous litigation” and part of a broader scheme to remove a rival from the market. The company says it is asking the court for relief to protect its customers, its own operations, its employees and what it calls the broader insurance technology ecosystem.
The San Francisco-based firm says it was founded to build “visionary and transformative software,” not to focus on courtroom disputes. Comulate maintains that it sought other ways to resolve the conflict but that those efforts were unsuccessful, prompting its decision to pursue relief in Chancery Court.
Read more:Applied Systems sues Comulate for alleged IP theft via fake agency front
According to the complaint, Comulate alleges that Applied and its representatives engaged in a series of anticompetitive acts as Comulate expanded its technology for insurance brokers.
Those alleged acts include spreading false statements that Comulate was “going out of business”, fabricating months-long software development kit delays, pressing for contracts with intellectual property clauses that Comulate says were designed to seize its technology, asserting improper control of a nonprofit trade group, and filing a “frivolous” lawsuit that was then used to pressure customers into cancelling.
From the complaint, Comulate asserts: “Applied does not compete - it destroys. When a startup builds technology that Applied cannot match, Applied’s playbook is simple: acquire or annihilate.”
The filing states that Comulate refused an acquisition and now alleges that Applied “is trying to annihilate it.”
Comulate also claims that Applied has “weaponized a sham lawsuit,” told customers Comulate is about to “go out of business,” and threatened to cut off clients that continue working with Comulate, describing these steps as efforts “to eliminate the competitor that Applied and its private equity owner, Hellman & Friedman LLC, are ‘very scared of’ and track as ‘#1 on their list of competition.’”
Battle over “trade secrets” and “open platform”
In Applied’s earlier complaint, the company alleged that Comulate “leveraged its trade secrets” and reverse engineered critical components within Applied Epic to accelerate its own product development and support new offerings not otherwise available without access to Applied intellectual property.
Applied is seeking injunctive relief, monetary damages and other remedies in that case.
In a previous statement toInsurance Business, Comulate had already disputed those allegations, calling them false and saying the action was intended to undermine a competitor rather than resolve a legitimate legal issue.
The company also contends that Applied is using the litigation “to pressure shared customers, deter new deployments and restrict competition,” and says it is open to de-escalation if Applied withdraws what Comulate characterizes as customer threats.
Comulate’s new filing further claims that Applied has cemented its position in the market through conduct that, in Comulate’s view, violates the letter and spirit of antitrust law. The complaint cites Applied’s Epic agency management system as having more than 80% market share among enterprise insurance brokers and points to Applied’s ownership of Ivans, described as essential data infrastructure for both Epic competitors and customers.
According to the complaint, Applied acquired Ivans in 2013 after promising to keep it an “open platform,” but Comulate alleges that Applied “broke that promise” and now controls “who gets access to Ivans, on what terms, and for how long.”
The filing asserts that competitors in the agency management and connectivity space “survive at Applied’s pleasure” due to this control.
Applied confident "empty allegations will fail"
Update: Applied has issued a response to Comulate's filing. In its latest emailed statement toInsurance Business, a spokesperson called the lawsuit "predictable" and "retaliatory," noting that it serves as nothing more than a strategy "intended to deflect from its own corporate theft scheme."
"Applied welcomes fair competition but will not tolerate outright theft. We will hold Comulate accountable for stealing our trade secrets and are confident Comulate’s empty allegations will fail," the spokesperson said.
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