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Life Plans, Inc. v. Security Life of Denver Insurance Co.
United States District Court, N.D. Illinois, Eastern Division
February 6, 2017
LIFE PLANS, INC., Plaintiff,
SECURITY LIFE OF DENVER INSURANCE COMPANY and ING U.S., INC. n/k/a VOYA FINANCIAL, INC., Defendants. LIFE PLANS, INC., Plaintiff,
ING U.S., INC. n/k/a VOYA FINANCIAL, INC., Defendant.
DEFENDANT SECURITY LIFE OF DENVER INSURANCE
COMPANY'S MOTION FOR JUDGMENT AS A MATTER OF LAW
Honorable Ronald A. Guzman
Security Life of Denver Insurance Company
(“SLD”), by its attorneys, pursuant to Rule 50(a)
of the Federal Rules of Civil Procedure, for its Motion for
Directed Verdict, states as follows:
sued SLD for breach of the Joint Cooperation Agreement
(“JCA”) and breach of the implied covenant of
good faith and fair dealing. SLD has asserted LPI's
failure to mitigate as an affirmative defense. No reasonable
jury would have a legally sufficient basis to find for LPI,
for the following reasons:
(1) SLD did not breach the JCA:
(a) A condition precedent to SLD's obligation to offer
Peak was not met, and
(b) SLD had a right to terminate the JCA.
(2) LPI has not proven its own performance under the JCA.
(3) SLD did not breach any covenant of good faith and fair
(4) LPI cannot recover lost profits.
(5) LPI has not proven trailing commissions.
(6) LPI can recover nominal damages at most.
(7) LPI failed to mitigate.
Federal Rule of Civil Procedure 50, “[i]f a party has
been fully heard on an issue during a jury trial and the
court finds that a reasonable jury would not have a legally
sufficient evidentiary basis to find for the party on that
issue, the court may . . . resolve the issue against the
party and grant a motion for judgment as a matter of law
against the party on a claim or defense that, under the
controlling law, can be maintained or defeated only with a
favorable finding on that issue.” Fed.R.Civ.P. 50. The
standard for deciding a motion for directed verdict is
[The Court] must determine whether the evidence presented at
trial, when viewed in the light most favorable to the
non-moving party and combined with all reasonable inferences
that might be drawn therefrom, provides a sufficient
probative basis for a verdict ...