Power Dry of Chicago, Inc. v. Bean

Plaintiff filed suit against homeowners, their insurance company, and an independent adjuster, to enforce a contract to perform fire reconstruction work at a residential property. Defendants filed a motion to dismiss, which was granted by the trial court, arguing that the contract was void and barred under the Insurance Code because the plaintiff was not a licensed public adjuster, but held itself out as being in the business of claims adjusting and performed claims adjusting activities as defined by the Public Adjusters Law. The appellate court affirmed finding that the plaintiff improperly acted as a public adjuster by applying the circumstances of the loss to the language of the homeowner’s insurance policy and, as such, that the contract was void. (BIRKETT and BRENNAN, concurring)