Arnold & Associates, Inc. v. Misys Healthcare Systems, Pl

275 F.Supp.2d 1013 (2003)

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Nature of the Case

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Facts

D approached P for help in obtaining more favorable insurance coverage. In exchange for P's efforts, D promised that it would retain P as its broker of record with regard to a particular insurance program for a minimum of 18 months, commencing in November 2002. D also promised that P would remain as the broker of record for D's Tucson, Arizona operation through at least the end of 2003. In return, P would assist in the transition of certain insurance activities and services for D's move from Arizona to North Carolina in 2004. P agreed to perform the services and ultimately saved D $774,371.00 in medical and dental costs. P expended substantial time, effort, and expense acquiring insurance services, including $19,500.00 in out-of-pocket costs. On December 31, 2002, four weeks after the broker relationship began, D terminated P as its broker of record. P estimates a loss in insurance commissions of $200,000.00. On January 1, 2003, D appointed a new broker of record that is entitled to receive commissions on the insurance P arranged for D. P sued in state court, and the action was promptly removed to federal court. D moved f for dismissal, pursuant to Fed. R. Civ. P. 12(b)(6), on each of Plaintiff's five counts: (1) breach of contract, (2) estoppel, (3) unjust enrichment, (4) breach of the implied covenant of good faith and fair dealing, and (5) fraud or negligent misrepresentation.