Talk to a lawyer for a free consultation. A contract cannot require you to waive your rights. If they made such a costly mistake, it's unlikely it would hold up in small claims court. (You are smart, and you could probably file the small claims court paperwork yourself.) But before you do so, write a very formal letter, telling them that you have researched your legal options, you realize that their case will not stand up according to contract law, and you plan to file a claim in small claims court within 15 days of the date of the letter unless they resolve the issue satisfactorily.
Incompetent or Crooks? I'm No Longer Sure It's the Former.
- Thread starter Full Throttle
- Start date
- Thread starter
- #22
- 1,459
Per the agreement, they have the legal right to do so. But that's bad business in my opinion and I can tell you for certain they won't be getting future business except as a last resort. My sales rep agreed and sent it up to the next level. Will it eventually be resolved? No idea. I can't spend any time worrying about it, it would just leave me jaded toward the carrier if they don't resolve it.
I could play tough guy and take the time to fight it, but it wouldn't do much for me. Also in the agent agreement:
1. They can terminate my contract at any time without cause (that would suck).
2. Little tidbid: I am required to disclose my compensation in writing to every person who buys from me (group or individual). I wonder how many producers are doing that? Unlike CO or NY, it's not legally required here, just the carrier being a jack ass. First I ever heard of it was reading through the contract today.
I could play tough guy and take the time to fight it, but it wouldn't do much for me. Also in the agent agreement:
1. They can terminate my contract at any time without cause (that would suck).
2. Little tidbid: I am required to disclose my compensation in writing to every person who buys from me (group or individual). I wonder how many producers are doing that? Unlike CO or NY, it's not legally required here, just the carrier being a jack ass. First I ever heard of it was reading through the contract today.
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- 8,707
I love the "You have 90 days to point out an error". But since its is not on the statement you don't notice the error its not like they show client "xyz" premium "abc" and commission "f" when its supposed to be "h". We have to find whats not on the statement then verify that premium actually came in, that we are entitled to the commission ie no AOR was done and bring it up to the carrier within 90 days.
- 4,716
I am speechless!
Unreal these "professional companies" are acting like this.
Who are they hiring? A bunch of spoiled 7th graders?
I guess I'm lucky to have sister that is a lawyer, who by the way, hates insurance companies.
Unreal these "professional companies" are acting like this.
Who are they hiring? A bunch of spoiled 7th graders?
I guess I'm lucky to have sister that is a lawyer, who by the way, hates insurance companies.
- 8,707
Not to be a jerk but who can really work day in and day out with some carriers and not be left with a bad taste in your mouth...I love what Insurance can do for my clients but really don't like Insurance Companies.
Who was this again... so you can provide a service to the rest of the community and put us on notice as to who to watch out for.
1... if i missed it sorry, i should look closer
2... if you choose to not name the carrier... this post is nothing but bs....
Please advise and man up on the carrier
1... if i missed it sorry, i should look closer
2... if you choose to not name the carrier... this post is nothing but bs....
Please advise and man up on the carrier
- 4,716
No, I hear you. She knows what I do is good but she also knows I have no control with what goes on in the "Ivory Towers". It is a piss poor way to conduct business. She could tell you some stories that would make your head spin. She was an BSN before she became a lawyer so she knows whats up. We might need to set up a fund in the forum for her to represent the members on specific issues like commissions. I would even contribute to that, I hate seeing agents getting ripped off!
- 25,065
I would not post the name. As the company can terminate at will. His situation is not the norm so it would not be tough to figure out who he is.
JAngelson79
Expert
I hear your frustration. An update to a thread I started last year - I've begun to receive 1099s from multiple carriers on bonus money that I never saw...yet somehow my old agency expects me not to notice and pay taxes on the money they stole....nice eh?
Pussies... grow a set.... if they terminate and you can tie it back.. you own the turds...
this is america dude... not obamanation... yet..
geez........
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