American Family Mutual Insurance Company et al v. Graham et al
| American Family Mutual Insurance Company, Amerian Family Life Insurance Company and American Standard Insurance Company |
| Steven G. Graham and Steven Graham Agency, Inc. |
| American Standard Insurance Company, Amerian Family Life Insurance Company and American Family Mutual Insurance Company |
| Steven Graham Agency, Inc. and Steven G. Graham |
| 0:2012cv00053 |
| January 6, 2012 |
| US District Court for the District of Minnesota |
| DMN Office |
| XX US, Outside State |
| Michael J. Davis |
| Steven E Rau |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
161
AMENDED JUDGMENT IN A CIVIL CASE. IT IS ORDERED AND ADJUDGED THAT: 1. As to Count One (Breach of Contract) of the Complaint 1 , Judgment is entered in favor of Plaintiffs American Family Mutual Insurance Company, American Family Life Insurance Company, and American Standard Insurance Company of Wisconsin (together, "American Family") and against Defendants Steven G. Graham and the Steven Graham Agency, Inc. (together, "Graham"), jointly and severally, for $614,631. 61, an amount which includes $538,789.28 in Extended Earnings payments and $75,842.33 in prejudgment interest. 2. Plaintiffs' request for declaratory judgment is GRANTED 134 . The Court declares that: a. The American Family Corpo rate Agent Agreement between American Family and Graham, which is Exhibit A to the Complaint (the "Agreement"), is valid and enforceable pursuant to its terms; b. Graham breached Section 6(k) of the Agreement by either inducing or atte mpting to induce policyholders of American Family credited to Graham's account at the time of termination to lapse, cancel, replace, or surrender insurance policies in force with American Family; c. As provided in Section 6(u) of the Agreement , Graham must forfeit all Extended Earnings that have been paid to Graham; and d. As provided in Section 6(u) of the Agreement, American Family has no obligation to continue paying Extended Earnings to Graham. 3. As to Count I (Breach of Contra ct) of Graham's Amended Counterclaims 25 , Judgment is entered in favor of American Family and against Graham. 4. As to Graham's claim for Breach of the Duty of Good Faith, Judgment is entered in favor of American Family and against Graham. 5. Judgment is entered in favor of American Family and against Graham in the amount of costs as taxed by the Clerk of Court. (Written Opinion). Signed by Chief Judge Michael J. Davis on 4/22/14. (GRR)
|
|
Filing
124
ORDER. IT IS HEREBY ORDERED: 1.The Court holds that section 6(u) of the Agent Agreement is a reasonable liquidated damages provision. 2.The Court holds that section 6(u) of the Agent Agreement is enforceable.3.The Court holds that, if the jury finds that Defendants have breached the Agent Agreement, section 6(u) of the Agent Agreement will apply, and the jury must award $523,153.70 in damages to Plaintiffs. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/17/13. (GRR)
|
|
Filing
122
ORDER. IT IS HEREBY ORDERED: 1.The Court will hold a hearing on the limited issue of enforceability of the liquidated damages provision after Plaintiffs have called their last witness, but before Plaintiffs rest. 2.The Court will decide the issue of enforceability after considering evidence presented at the hearing and will issue a ruling forthwith. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/15/13. (GRR)
|
|
Filing
115
ORDER. IT IS HEREBY ORDERED: 1.Plaintiffs' Motion in Limine to Prevent Donald Gorowsky from Testifying Outside the Scope of His Report 74 is DISMISSED AS MOOT because Defendants do not intend to offer Gorowsky's testimony beyond the sco pe of his report.2.Plaintiffs' Motion in Limine to Preclude Defendants from Contesting the Enforceability of American Family's Agreement with Steven Graham 77 is DENIED. 3.Plaintiffs' Motion in Limine to Preclude Defendants from Refe rencing Dismissed Claims 80 is DISMISSED AS MOOT because Defendants do not intend to reference any dismissed claims.4.Defendants' and Counterclaimants' Motion in Limine to Exclude All Evidence and References to Defendants' American F amily Client Files 82 is DENIED.5.Plaintiffs' oral motion made in open court on October 4, 2013 to preclude Defendants from referencing the case of Nelson v. American Family Mutual Insurance Company, No. 13-cv-607 (DMN/SER), currently pending before the Court is DISMISSED AS MOOT because Defendants do not intend to reference the aforementioned case.(Written Opinion). Signed by Chief Judge Michael J. Davis on 10/4/13. (GRR)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Minnesota District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
