United States Tenth Circuit

In a suit brought by an insurance sales agent employed by defendants-insurers raising contract and tort claims related to his agency contract, partial summary judgment for plaintiff and judgment as a matter of law for defendants on remaining claims are affirmed where: 1) the term "claim" in the parties' agreement means the compensation guaranteed by an insurance company; 2) thus, the agreement is unambiguous and defendants were in breach of contract for treating a bad-faith tort settlement payment as a loss on the policy sold by plaintiff; 3) the district court correctly limited recovery from a breach of the implied covenant of good faith and fair dealing to contract damages; 4) judgment as a matter of law for defendants on a fraud/constructive fraud claim was proper; 5) judgment as a matter of law on a breach of fiduciary duty claim was correct; 6) apportionment of the attorney's fees between the contract and tort claims was proper; 7) there was no abuse of discretion in denying injunctive and declaratory relief.

Appellate Information

• Decided 12/22/2008
• Published 12/23/2008

Judges

• BALDOCK, Circuit Judge., Before KELLY, BALDOCK, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jim T. Priest, Whitten, Nelson, McGuire, Terry & Roselius, Oklahoma City, OK, for Plaintiff-Appellant/Cross Appellee., Clyde A. Muchmore (Timila S. Rother, with him on the briefs), Crowe & Dunlevy, Oklahoma City, OK, for Defendants-Appellees/Cross Appellants.