Olympic Insurance Company v. H. D. Harrison, Inc.

LEWIS R. MORGAN, Circuit Judge:

In this diversity case Olympic Insurance Company terminated its agency agreement with H. D. Harrison, Inc., without giving ninety days notice as required by the contract. A jury found that Olympic breached the contract and awarded Harrison $830,231.33 in damages. A review of the record on appeal reveals overwhelming, undisputed evidence that Harrison repeatedly and substantially breached the contract prior to the termination by Olympic. Consequently, we hold that the jury’s finding was not supported by sufficient evidence and that Olympic was excused from…