Platinum Supplemental Ins., Inc. v. Guarantee Trust Life Ins., Co.

Dist. Ct. did not err in granting plaintiff's motion for summary judgment in action alleging that defendant breached terms of 2017 Settlement Agreement between parties by filing third-party complaint in Missouri state court action against plaintiff, alleging that plaintiff had violated terms of prior Marketing Agreement between parties that required that plaintiff adequately train its employees when selling insurance policies underwritten by defendant. Terms of 2017 Settlement Agreement provided that parties had agreed that all claims regarding Marketing Agreement that were filed in Cook County litigation or could have been filed in Cook County litigation were deemed to be settled and resolved, and record showed that third-party complaint that defendant filed against plaintiff in Missouri action could have been filed in Cook County action since: (1) it pertained to same allegations that plaintiff had violated Marketing Agreement; and (2) defendant had been aware of underlying Missouri claim prior to effective date of 2017 Settlement Agreement. Dist. Ct. also did not abuse its discretion in awarding plaintiff $108,445.10 in attorney's fees that represented 150 percent of $72,296.73 judgment in instant action, even though 2017 Settlement Agreement provided that any award of attorney's fees be reasonably proportionate to ultimate relief secured by prevailing party. Ct. of Appeals rejected defendant's argument that plaintiff's fee award was capped by one-third of ultimate recovery and further found that said award was reasonable and proportionate, where: (1) plaintiff had actually paid its counsel $210,476.25 in fees for representation in instant action; and (2) instant award was in keeping with fee awards granted under Prison Litigation Reform Act that capped such awards at 150 percent of judgment.