EMH Wins Commission Dispute - Edison, McDowell & Hetherington LLP

SALT LAKE CITY, UTAH -- EMH obtained a summary judgment for its client American General Life Insurance Company against a former agent who failed to return charged-back commissions. In the case, styled American General Life Insurance Co. vs. Opus Three, Inc., et al. American General filed suit against a former agent for breach of contract for failure to return commissions that had become unearned due to a surrendered life insurance policy. American General moved for summary judgment on the grounds that there were no material issues of fact as to the breach of the contract – the agency agreement – or the damages American General suffered as a result of the breach. The Utah federal court found that the agency agreement had been breached and that American General was entitled to its full contractual damages.