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James Joyce v. Benefits Marketing Group, Incorporated The Lincoln National Life Insurance Company, 32 F.3d 562, 4th Cir. (1994)
James Joyce v. Benefits Marketing Group, Incorporated The Lincoln National Life Insurance Company, 32 F.3d 562, 4th Cir. (1994)
3d 562
Appeal from the United States District Court for the Eastern District of
Virginia, at Alexandria. Claude M. Hilton, District Judge. (CA-93-475-A)
Argued Joseph Peter Drennan, Alexandria, VA, for appellant.
Charles H. Fleischer, Marsh, Fleischer & Quiggle, Chartered, Bethesda,
MD, for appellees.
On brief William J. Bethune, Marsh, Fleischer, & Quiggle, Chartered,
Bethesda, MD, for appellees.
E.D.Va.
AFFIRMED.
Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and
BUTZNER, Senior Circuit Judge.
OPINION
PER CURIAM:
Appellant James Joyce, an insurance broker, brought this action against The
Lincoln National Life Insurance Company and its wholly owned affiliate,
Benefits Marketing Group (collectively, the "Insurers") in April 1993, claiming
damages for commissions on sales of insurance policies to a prospective client
that Joyce allegedly lost as a result of the Insurers' negligence, negligent
misrepresentation, tortious interference with prospective economic advantage,
and breach of covenant of good faith and fair dealing.
The district court granted summary judgment in favor of the Insurers on all
claims on the grounds that the Insurers owed Joyce no duty independent of
those contained in the "Producer Contract," which governed the contractual
relationship between the Insurers and Joyce, and that there was no causal
connection between the Insurers' alleged failures and Joyce's claimed loss of
commissions. Joyce timely appealed the district court's judgment. His appeal is
limited to the claims of negligent misrepresentation and breach of covenant of
good faith and fair dealing.
Having considered the record in this case and the briefs, and after oral
argument, we find that the opinion of the district court thoroughly investigated
the relevant facts and reached the correct conclusions of law. James Joyce v.
Lincoln National Life Insurance Co. and Benefits Marketing Group, No. 93475-A (E.D. Va. October 5, 1993). We find no error in the reasoning or
judgment of the district court and, therefore, affirm on that basis.
AFFIRMED.