United States Tenth Circuit

In an action raising claims of breach of contract, negligent misrepresentation, breach of fiduciary duty, breach of the duties of good faith and fair dealing, and deceptive trade practices, summary judgment for defendant-insurance brokerage firm is affirmed where: 1) there was no breach of contract because plaintiffs received precisely what they requested, an umbrella policy with no excess UM/UIM coverage; 2) defendant had no "special relationship" with plaintiffs requiring it to affirmatively advise or warn them concerning their coverage; 3) defendant made no negligent misrepresentations as no false information was conveyed to plaintiff; 4) defendant did not breach any fiduciary duty, nor any duty of good faith and fair dealing; and 5) deceptive trade practice claims failed as plaintiffs did not show that any allegedly deceptive practice affected the public.

Appellate Information

• Decided 07/31/2008
• Published 08/01/2008

Judges

• PAUL KELLY, Jr., Circuit Judge., Before KELLY, TYMKOVICH, Circuit Judges, and FRIZZELL, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard A. Waltz of The Waltz Law Firm, Denver, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• Francine M. Mugge (Thomas N. Alfrey of Treece, Alfrey, Musat & Bosworth, P.C., on the brief), Denver, CO, for Defendants-Appellees.