MIAMI – An Aventura sales representative with an insurance company is being sued by the company over allegations of breach of contract regarding a commission.

Metropolitan Life Insurance Co. filed a complaint on April 5 in the U.S. District Court for the Southern District of Florida against Michael Gerstman alleging that the financial services representative failed to comply with their contract agreement.

According to the complaint, the plaintiff alleges that in or about January 2015, the defendant sold a large life insurance policy to a client and received commission for this transaction. In May 2015, the suit states the client canceled the policy for a full refund of all premiums he had paid. The plaintiff holds Gerstman responsible because the defendant allegedly was obligated to return the more than $400,000 commission for the sale per their contract, but did not do so.

The plaintiff requests a trial by jury and seeks judgment in its favor and against defendant for $431,817.75, plus interest, reasonable attorney’s fees and costs and any other relief which the court may deem just and proper. It is represented by Patrick J. O’Connor and Justin L. DiBiasio of Harper, Meyer, Perez, Hagen ,O'Connor, Albert & Dribin LLP in Miami and Martin Harris of Harris & Affiliates LTD in Chicago.

U.S. District Court for the Southern District of Florida Case number 0:16-cv-60737

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U.S. District Court Southern District of Florida Key West Division
301 Simonton St
Key West, FL 33040-6812

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