Espenschied Transp. Corp. v. Fleetwood Servs., Inc., 2018 UT 32 (July 5, 2018)

As part of a settlement of a wrongful death suit, a trucking company agreed to pursue claims against its insurance agent and use any funds recovered to satisfy attorney fees and the settlement in the wrongful death.  In the subsequent lawsuit, the district court granted the insurance agent’s motion for summary judgment because the trucking company suffered no actual damages.  Affirming, the supreme court declined the plaintiff’s invitation to extend Ammerman II to insurance agents and brokers, and held that the plaintiff had failed to create a genuine issue of material of fact on damages, primarily because the plaintiff had never paid any money as a result of the settlement and consent judgment.