DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171341P.pdf 10/30/2018 Lincoln Benefit Life v. James Wilson
U.S. Court of Appeals Case No: 17-1341
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Smith, Author, with Beam and Colloton, Circuit Judges]
Civil case - Agency. After Lincoln incurred coverage on insurance policies
issued by Wilson, its agent, it brought this action for indemnity or
contribution, breach of contract and negligence, arguing Wilson improperly
sold the insurance policies in violation of his training and company
policy; the district court did not err in granting Wilson summary judgment
on Lincoln's claim for damages on the ground the claims were collaterally
estopped by the New York judgment finding coverage under the policies;
additionally, the court did not err in precluding Lincoln from asserting
as a defense against Wilson's counterclaim for commissions that he
breached his agent's contract in connection with the sale of the policies;
no error in granting Wilson prejudgment interest on his liquidated damage
claims.