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TRUSTMARK INS. CO. v. ESLU, INC.

No. 01-14917.

299 F.3d 1265 (2002)

TRUSTMARK INSURANCE COMPANY, Plaintiff-Appellant, v. ESLU, INC., f.k.a. Excess & Stop-Loss Underwriters, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 2, 2002.

Attorney(s) appearing for the Case

Wendy L. Furman, Jay S. Blumenkopf, Proskauer, Rose, Goetz & Mendelsohn, LLP, Boca Raton, FL, for Plaintiff-Appellant.

Shelley H. Leinicke, Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, PA, Fort Lauderdale, FL, for Defendant-Appellee.

Before ANDERSON and MARCUS, Circuit Judges, and MIDDLEBROOKS, District Judge.

ANDERSON, Circuit Judge:

This opinion considers the viability of the second of two lawsuits filed by Trustmark Insurance Company ("Trustmark") against ESLU, Inc. ("ESLU") for breach of contract. In 1994, Trustmark decided to expand its business and appoint agents to sell its insurance policies. Accordingly, that same year Trustmark and ESLU executed a contract, called the Managing General Underwriting Agreement ("MGUA"). Pursuant to the MGUA, ESLU would be Trustmark...

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