United States Eighth Circuit

In an insurance agent's action against an insurer for breach of fiduciary duty and deceit, claiming damages for the loss of his insurance license and for loss of his liberty while imprisoned for mail fraud, a judgment dismissing plaintiff's loss of liberty claim is affirmed. However, a judgment in plaintiff's favor with respect to the loss of license claim is reversed where insurer preserved the issue of collateral estoppel for review, and plaintiff was collaterally estopped on the claim based on a state court's conclusive determination that plaintiff's own dishonest conduct justified revocation of his license.

Appellate Information

• Decided 05/03/2007
• Published 05/03/2007

Judges

• MURPHY, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Thomas C. Walsh, argued, St. Louis, MO (Steven W. Sanford, on the brief), for appellant/cross-appellee., Jerry W. Snider, argued, Minneapolis, MN (John F. Beukema and Kara L. Benson, on the brief), for appellee/cross-appellant.