Protectors Insurance Service, Inc. v. United States Fidelity & Guaranty Company
United States Court of Appeals for the Tenth Circuit
132 F.3d 612 (1998)
After USF&G (defendant) breached its agency contract with Protectors (plaintiff) and moved to terminate most of Protectors' business, Protectors' owner sold the company's assets at a loss and sued for breach; at trial, Protectors presented expert testimony on the reduced sale value caused by the breach and testimony that the owner would have run the business for 10 more years absent the breach, and the jury awarded both the $35,000 difference in asset sale value and $809,650 in lost future profits.
Whether a plaintiff whose agency contract was breached, resulting in a forced sale of business assets at a loss, may recover damages for both the loss in the business's going-concern value and lost future profits.