Non-Compete/Piracy

bidright

New Member
2
I have been in the Insurance industry over 20 years, I recently took a new position at another Insurance agency. Before I left the old company I was clear that my friends and family were going to follow me and I wouldn't take anyone that i did not have a personal relationship. I do not have a non compete or a non solicitation. I have not solicited anyone. My friend and family have reached out to me. Now the old agency has sent me a cease and desist and opened a law suit that I have defend. I took no files or Information from that agency. This is an Independent agency not a company like Liberty Mutual or USAA.
 
I have been in the Insurance industry over 20 years, I recently took a new position at another Insurance agency. Before I left the old company I was clear that my friends and family were going to follow me and I wouldn't take anyone that i did not have a personal relationship. I do not have a non compete or a non solicitation. I have not solicited anyone. My friend and family have reached out to me. Now the old agency has sent me a cease and desist and opened a law suit that I have defend. I took no files or Information from that agency. This is an Independent agency not a company like Liberty Mutual or USAA.

I'm not a lawyer or anything, so take my advice with a grain of salt.

It seems you are only "taking" a few clients, which you told them you would. It will probably cost them more to take you to court than what it is worth to them. However, still doesn't mean that they won't. Most of the time, a cease and desist letter is just a scare tactic to get you to stop.

How many more friends and family do you have to roll?
 
Seems, absent a non-compete or non-piracy agreement they don't have much to go on. Filing suit can happen without evidence . . . their lawyer only has to ALLEGE you did this or that, and a judge will sign off on it.

Don't ignore any letters or legal documents and assume they will go away, because they won't. If they allege damages and you don't respond they can move for a summary judgement and you have to pay.

Get your own lawyer . . . don't fight this yourself . . . it may cost a few thousand but well worth the peace of mind.
 
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