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Ill. High Court Closes Loophole On Insurance Agent Liability

Law360, Los Angeles (March 26, 2015, 5:11 PM EDT) -- The Illinois Supreme Court recently held that insurance agents owe a duty of care in obtaining coverage requested by policyholders, shutting down a powerful argument agents used to avert liability for negligence.

Ruling in a suit alleging an insurance agent failed to secure the automotive coverage sought by a customer, the state high court said in a March 19 opinion that a section of the Illinois Code of Civil Procedure imposes a duty on agents, not just insurance brokers, to act with "ordinary care and skill" in obtaining coverage requested by a policyholder. The court determined that the term "insurance producer"...

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