Wisconsin Contracts Legal Questions

First, if the 1099 designation is correct, you are an independent contractor, not an employee.  Second, yes you can sue the distributorship for breach of contract, and many states also have statures requireing timely payment of compensation, which may include the right to addditional compensation (e.g. double or treble damages) and/or reimbursement of attorneys fees.  I don't know if WI has such a statute.  There's no guarantee that you'll win, but if you have a written contract which doesn't say anything about needing to be there for the install to earn the commissions, your chances are probably pretty good.... Read More

Not for the acts of its INSURED, but it can potentially liable beyond the policy for its own actions in refusing to settle in bad faith.  The insurance company has no obligation to third parties; its obligation is to its insured pursuant to the insurance contract.  If the insurance company's wrongful acts damage its insured, it can be liable beyond the policy limits.   For example, if there is a $100,000 policy in place and a covered accident causing $1 million in damages occurs, the insurance company's liability is $100,000.  But if the injured party offers to settle for $100,000 and the insurance company refuses to settle, and the injured party eventually gets a judgment against the insured for $1 million because the insurance company refused in bad faith to settle the case for $100,000, it could be liable to its insured for the $900,000 difference.... Read More

It depends whether the omitted information was material, and, if so, whether that information can be gleaned from other parts of the contract or the parties' performance.  For example, the fact that the date of contracting was left blank is probably unimportant, the names of buyer and seller can be gleaned from the rest of the contract, but the specific car purchased is material and may not be mentioned in the rest of the contract.  Of course, if the buyer took delivery and didn't protest that the wrong car was delivered, that should not be an issue.... Read More