QUESTION

I don't know what steps I should take to pursue a settlement.

Asked on Nov 25th, 2012 on Breach of Contract - Tennessee
More details to this question:
My name is Thomas and I am a student at the University of Tennessee. Last year I started my first business. After speaking with many other insurance agents I believe that my former insurance agent, at Nationwide has defrauded me. I have all of the paperwork and receipts from him, but he still hasn't presented me with a policy that he claims was lost. He also claims that the insurance company he brokered me out to went out of business and that is why he cannot get a copy of it. I called the company, who merely changed their name and they said they had no record of me, but they would have one if I was ever insured by them under their old name. I have been told that I have a solid case, and that he would probably settle before he went to court and lost his insurance license.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Settlements are voluntary agreements to resolve disputes.  You can't force someone to settle if they don't want to.  You can contact the agent and attempt to resolve your dispute before you commence a lawsuit, but if he refuses, or makes you an offer which you think is inadequate, you could not force him to settle.  You would then have to decide whether it was worth it to you to commence a lawsuit.  Don't take too long to make up your mind - you only have a certain amount of time to file a lawsuit before it is barred by the statute of limitations.
Answered on Nov 26th, 2012 at 10:35 AM

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