Brogan v. Industrial Casualty Insurance

Industrial Casualty Insurance Company (Industrial) appeals a judgment awarding damages to Robert A. Brogan (Brogan) for Industrial's breach of contract. Because the contract was not void, we affirm the court's finding of liability. Because the jury's damages verdict is supported by the evidence, except for $37,280 which Industrial already paid Brogan, we affirm the judgment after modifying it. Because we are reducing the damages awarded by the jury, the cause is remanded so that the trial court may recalculate the damages and enter judgment accordingly.

In 1976, Brogan contracted with…