Arbitration / Lawsuit Question

Some other issues to consider are some Captives make you sign a contract saying you won't sue any of their agents. Generally speaking these are not enforceable, a lawyer can get around that, but you can't argue that on your own. Some of the defenses the other agent may claim is that he wanted to give give you 50% but was told by management not to put you down. And if you sue the big captive, they can argue that once you started to telling others about your plans to leave, the contract you signed is void therefore they owe you nothing. I have seen NY Life make this argument on a much larger commission case. Either get a good lawyer or once you are independent go and replace the case if you can do something better for the client.

The captive management has a financial interest in seeing the commission is paid to their own agent, because their management year end bonus is based on that in most cases.
 
Back
Top