Garrick v. Mesirow Financial Holdings

2013 IL App (1st) 122228 (Ill. App., 2013)

Words & Phrases

Agent/Broker: Duty To Procure

Trial Judge

Hon. Bill Taylor

Appellate Judge

Justice Gordon

Holding

Insurance broker was not liable for subsequent uninsured loss of the earrings where the policy had been renewed in the interim by another broker.

Fact Summary

The trial court properly entered summary judgment for plaintiffs’ former insurance producers in a professional negligence action alleging that defendants negligently excluded a pair of earrings from coverage, where the earrings were covered under a policy issued through defendants in 2004 when one of the earrings was lost and a claim was filed and paid, the earrings were then deleted from the list of items covered by one of defendant’s officers without plaintiff’s consent, and when plaintiffs renewed their policy through another producer without having been informed that the loss and replacement required a separate listing of a new “item” for the replacement earrings, there was no coverage when both earrings were lost in 2009, and under those circumstances, defendants’ duty did not extend beyond the policy theyprovided and their actions did not proximately cause plaintiffs’ loss when the second claim was denied.

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