TRIP MATE, INC. v. STONEBRIDGE CAS. INS. CO.

No. 13-2032.

768 F.3d 779 (2014)

TRIP MATE, INC., formerly known as Trip Mate Agency, Inc., Plaintiff-Appellee, v. STONEBRIDGE CASUALTY INSURANCE COMPANY; Legacy General Insurance Company; Life Investors Insurance Company of America, also known as Transamerica Life Insurance Company, Defendants-Appellants. Unique Vacations, Inc., Brought over from case no. 4:11-cv-01097-ODS, Plaintiff, v. Trip Mate, Inc., Brought over from case no. 4:11-cv-01097-ODS; Stonebridge Casualty Insurance Company, Brought over from case no. 4:11-cv-01097-ODS; Life Investors Insurance Company of America; Legacy General Insurance Company, Brought over from case no. 4:11-cv-01097-ODS, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: October 6, 2014.


Attorney(s) appearing for the Case

Wilbur L. Tomlinson , argued, St. Louis, MO ( Clark Cole , on the brief), for appellant.

Alan B. Gallas , argued, Kansas City, MO ( Gwendelyn Garcia and Dewanna L. Newman , on the brief), for appellee.

Before BENTON, BEAM, and SHEPHERD, Circuit Judges.


BEAM, Circuit Judge.

Stonebridge Casualty Insurance Co. (Stonebridge) appeals the district court's judgment in favor of Trip Mate, Inc. (Trip Mate) following a bench trial. The district court held that Stonebridge breached an implied amendment to the parties' Managing General Agent Agreement that was incorporated into the Termination Agreement they executed in 2009. We reverse.

I. BACKGROUND

Trip Mate began doing business in the travel insurance...

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