Epis, Inc. v. Fidelity & Guaranty Life Insurance

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR LEAVE TO AMEND

Currently before the Court are defendant’s motion for summary judgment and plaintiffs motion for leave to amend the complaint. Having considered the arguments of counsel and the papers submitted, the Court hereby GRANTS defendant’s motion and DENIES plaintiffs motion.

BACKGROUND

On March 20, 2000, plaintiff EPIS, Inc., d/b/a EPIS Insurance Services (“EPIS”) filed a state court action against Fidelity and Guaranty Life Insurance Company (“F & G”), Innovative Marketing Strategies, Inc. (“Innovative”), and Homesaver International Inc. (“Homesavers”). Following the voluntary dismissal of the only non-diverse defendant, the case was timely removed by F & G to this court on January 29, 2001. The Second Amended Complaint (“SAC”) states causes of action against F & G for breach of contract, breach of the covenant of good faith and fair dealing, and trade libel/defamation.

The facts underlying the dispute are as follows. On March 27, 1997, EPIS and F & G entered into a General Agent’s Agreement, authorizing EPIS to sell certain life insurance and annuity products on behalf of F & G.…