Legal Question in Insurance Law in California

As a 1099 insurance agent for a wholesale insurance brokerage, one of my clients wrote a bad check (twice) to the brokerage as down payment for a policy. The client has not paid the down nor the penalties after almost a year. The broker now says they will deduct the amount owed from my commissions. Is this legal; can they do that? It totals more then $900.00, which I really cannot afford. We (the broker and I have tried and still are trying to collect from the client with no success to date.


Asked on 1/10/10, 2:04 pm

1 Answer from Attorneys

You are not responsible for the bad checks. They can deduct any commission they previously paid you for placing the policy, but you are not responsible for some one else's bad checks, unless you contractually agreed to it.

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Answered on 1/15/10, 2:08 pm


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