M.G. Skinner and Associates Insurance Agency, Inc. v. Norman-Spencer Agency, Inc.

Dist. Ct. did not err in granting defendant’s motion for summary judgment in action by plaintiffs alleging that defendant breached duty of reasonable care under Ill. Insurance Procurement Liability Act to procure insurance on behalf of plaintiffs, where defendant failed to point out obvious signs that ultimate provider of said insurance was dishonest and that insurance eventually procured for plaintiffs turned out to be complete fraud. Record showed that neither plaintiffs nor any insurance broker in procurement chain ever requested defendant’s assistance with placement of said insurance, and that while defendant wanted to obtain commissions with respect to said insurance, defendant did not receive any commissions from fraudulent insurer. Ct. also rejected plaintiffs’ claim that defendant owed them duty under common law negligence principles, where Ct. found that defendant had made no affirmative undertaking to procure said insurance. Fact that defendant had performed on behalf of owner of company that provided fraudulent insurance certain administrative tasks on policies that were issued to other insureds did not require different result.