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American Employers Group12/10/2002
e means. Id.; Koster v. P & P Enters., 248 Neb. 759, 539 N.W.2d 274 (1995); Wiekhorst Bros. Excav. & Equip. v. Ludewig, 247 Neb. 547, 529 N.W.2d 33 (1995). Civil conspiracy need not be established by direct evidence of acts charged, but may, and generally must, be proved by a number of indefinite acts, conditions, and circumstances which vary according to the purpose to be accomplished.Koster v. P & P Enters., supra. However, it is necessary to prove the existence of at least an implied agreement to establish conspiracy. Steed v. Oak Ridge Equestrian Ctr., 224 Neb. 792, 401 N.W.2d 495 (1987).
Because AEG lacks any evidence showing any causal link between the alleged wrongdoing and the amounts of losses paid and since AMS had the sole responsibility of underwriting and deciding whether to accept or decline Gottsch, the evidence viewed in the light most favorable to AEG reveals that there are no genuine issues of material fact to be decided.
VIII. CONCLUSION
AEG has had approximately a year to develop evidence that would support the allegations contained in its amended petition. It has failed to do so and fails to explain how conducting additional discovery will provide support for any of its claims. Inadequate discovery cannot be a shield against summary judgment without a showing of a meritorious opposition; nor can a request to undertake what at this point is a "late fishing expedition" prevent summary judgment. After giving AEG the benefit of all reasonable inferences from the evidence, we find that there are no genuine issues of material fact remaining. After a complete review of the record, we do not find one shred of evidence, nor one reasonable inference, to support AEG's claims. In fact, the uncontroverted evidence compels the conclusion that SSM set up its underwriting using AMS, as described herein, so that what AEG alleges was impossible.
Affirmed.
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