Contracts: Breach-Insurance Plans-Reimbursement

Staff Report//September 15, 2023

Plaintiff appealed the grant of summary judgment for defendant. The parties had a contract under which plaintiff, a furniture retailer, would sell customers insurance plans offered by defendant. In return, defendant would annually pay plaintiff a portion of the premiums to be used to increase sales of the insurance plans. After plaintiff allowed the parties’ contract to expire, it demanded its annual payment.

Where the contract expressly only entitled plaintiff to the annual payment while the parties’ contract was in effect, defendant had no obligation to send the payment after plaintiff allowed the contract to expire, and there was no evidence that later documents executed by the parties were intended to amend these terms.

Judgment is affirmed.

Nebraska Furniture Mart, Inc. v. Guardsman US LLC (MLW No. 80489/Case No. 22-2741 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Nebraska, Buescher, J.

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