Brule v. Blue Cross & Blue Shield of New Mexico, No. 11-2027 (10th Cir. 2011)
Annotate this CasePlaintiff-Appellant Paul Brule appealed a district court's dismissal of his claims for tortious interference with prospective contractual relations and negligence. Plaitiff acted as a insurance broker for Henry Productions, Inc.'s health, dental, vision, and related insurance policies, which were all issued by Blue Cross Blue Shield of New Mexico (“CBS). Plaintiff received brokerage commissions, paid by Henry Productions, for his sales of BCBS policies. In 2008, Plaintiff and BCBS employee Albert Rhodes met with employees of Henry Productions to discuss the company’s annual health insurance renewal. The renewal documents prepared by Rhodes listed Plaintiff's commission rate at the top of every page, which BCBS had never done before. As a result, Plaintiff lost his longstanding account with Henry Productions. In 2010, Plaintiff filed suit against BCBS in state court. BCBS removed the case to federal court then moved to dismiss. The district court granted BCBS's motion. On appeal to the Tenth Circuit, Plaitiff argued that the district court erred in dismissing his claims and should have, at the least, granted him leave to amend. Upon review, the Tenth Circuit concluded that even if he were allowed to amend,Plaintiff would have been unable to establish a legal duty owed to him by BCBS under New Mexico law. Because granting him leave to amend would be futile, the Court held that the district court did not abuse its discretion by dismissing Plaintiff's claims with prejudice.
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