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Last Post 04/12/2012 10:55 AM by okclarryd

IA Firms and thier non-compete "non solicitation" clauses

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Marcus

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Posts:14

04/10/2012 6:05 PM
My search didn't turn up what I was looking for so here goes... I am sure many of you all work through a "Firm" for daily claims in your area and some of you work directly for the carrier (as the "IA firm". I am in the process of getting hooked up with a few firms to keep me busy in the area so (hopefully)I won't need to pray for a hurricane or big hail storm every year. I know there are some pros and cons about daily claims and I have read some great discussions from some knowledgeable and experienced veterans on here. I am probably going to get a response that says "talk to an attorney" and I may well do just that. But here goes: When reading many of these contract agreements, it seems very constrictive to the "independent contractor" and not the firm. Many contacts state "cannot work or even be "employed" with their clients. Now I understand firms not wanting their contactor taking business away (thats understandable) but what about working for the carrier as a staff guy in the future should the work load dry up? Other contacts have read "cannot work for another entity that shares the same client"; how do you know who their clients are and what happens when one firm can't feed you work but the other can? Just seems like there are many land mines out there. How have some of you navigated around these? Thanks in advance for some your thoughts and experience with this.

okclarryd

Veteran Member
Posts:954

04/12/2012 10:55 AM
This is not that hard. If you're working for ABC Adjusting and working claims for DEF Insurance Co, and get some assignments from XYZ Adjusting to work for DEF Insurance Co, simply tell XYZ that you can't accept them because of the "non-compete" with another IA company. Those claims will be worked by someone, just not you. Be honest and don't let greed guide your decisions. The other issue you mention, was in my contract with Pilot Catastrophe. I could't be employed by one of their clients unless 4 years had passed since my employemnt with Pilot had ended. OK, so??? I figured I was better off than one of their staffy guys anyway. And, I think there is a way around that, if it really becomes an issue. If DEF Insurance Co really wants you as an employee, they can work out the details with your IA employer. The IA company doesn't want to make too many waves here as it may affect their future relationship with DEF Insurance Co. Let's find something REALLY important to worry about. Like................do I stick with black wall tires or go for the white letters? Happy Trails Larry D Hardin

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