Non-Competes and Solicitation

[Bill Billock]

Here is the harsh realty to non-competes etc. We can say they are not enforceable until we are blue in the face. The facts are this….if someone wants to sue you and they have more money to spend than you, it doesn't always matter who is right or wrong. You will still have to decide if and how much money to spend to fight back in the event it happens.

just some food for thought….

 

[marindependent]

The facts are this….if someone wants to sue you and they have more money to spend than you, it doesn't always matter who is right or wrong.

I agree and its a two way street though. Lets say that you are the employer and you have a non-compete on your own employees. An employee leaves and blantantly takes 10 clients with them. Is it really worth your "own money" [let alone your time] to go after them for those ten clients?

I personally beleive that simple straight forward non competes make sense for the clients and client data you touch, but indirect non competes and exceptionally broad non competes should be unenforceable.

 

[fed up]

The worst that can happen when you get caught writing outside of your approved Lines is your contract with your IMO is cancelled and you lose your residuals. Best bet is to ask for permission to sell a line that they do not carry so long as it does not compete with one that they do have.
I was with a primary P&C carrier but had a L&H license and was permitted to sell Med Supps because it did not compete. I could not sell an outside line of Life, even if the rates were better, unless I proposed the carriers plan first and then received permission to sell the other line