“CLEAR AND UNAMBIGUOUS” CONTRACT PRECLUDED PAYMENT
After she was terminated “for cause,” RV – a licensed insurance broker -- sued Emblem Health Medicare for payment of commissions she had allegedly earned on policies that had been renewed after her disassociation.
And when RV’s small claims case was dismissed by the New York County Civil Court, an appeal ensued.
On its review, the Appellate Term, First Department, noted that RV’s contract provided that no commissions were payable after a for-cause cessation of her relationship with the company. Particularly since RV never formally challenged her termination and given the agreement’s “clear and unambiguous” terms, the AT1 affirmed the litigation’s dismissal.
Think she got fired up over nothing?
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DECISION