Plaintiffs further allege that defendants did not inform them that, when they used the insurance proceeds to purchase an identical replacement earring, the earring would constitute a new "item" that would require a separate listing on a schedule in order for the earrings to have continued coverage. At that time, plaintiffs were under the belief that the earrings were covered. Plaintiffs later obtained a renewal policy with AIG through another producer. ¶ 10 Plaintiffs further allege that, in 2005, through the acts of Thomas, defendants directed AIG to remove the covered earrings from the schedule of covered items without plaintiffs' knowledge or consent. Plaintiffs then purchased a replacement earring identical to the lost earring. As a result, defendants submitted a claim to AIG under the private collections coverage in the policy and that claim was paid. ¶ 9 Plaintiffs' amended complaint alleges that, in late 2004, plaintiffs informed defendants that they had lost one of the covered earrings. The total number of items listed on the schedule of personal property was approximately 100 or more items. Among the items of valuable personal property listed on a schedule of covered items was a set of diamond earrings valued at approximately $80,000. Among the coverage procured on plaintiffs' behalf during this period of time was private collections coverage obtained from American International Insurance Company (AIG). During that time, Beverly Thomas, assistant vice president of Mesirow, provided insurance consulting and brokerage services to plaintiffs. ¶ 7 Plaintiffs' amended complaint alleges that, between approximately 20, plaintiffs procured the services of defendants-insurance producers to obtain personal property insurance coverage. 2 According to plaintiffs' amended complaint, MIS's website states that MIS is one of Chicago's largest independent insurance consultants and is among the top 25 in the nation. (MIS), is a wholly owned subsidiary of MFH. Defendant Mesirow Insurance Services, Inc. (MFH), a Delaware corporation, is a diversified financial insurance services firm with its headquarters in Chicago, Illinois. Defendant Mesirow Financial Holdings, Inc. ¶ 5 Plaintiffs are individuals who now reside in California but previously resided in Illinois. #JEREMY NICHOLAS BOEDER TRIBLER ORPETT AND MEYER CHICAGO TRIAL#¶ 2 Plaintiffs claim that the trial court erred in dismissing the amended complaint, which alleges that defendants' negligence in excluding a pair of expensive earrings from coverage in a previous insurance policy proximately caused their damages. Plaintiffs now appeal the trial court's order dismissing the case with prejudice. Plaintiffs then filed their "First Amended Complaint" (amended complaint), and defendants filed a second motion to dismiss for failure to state a cause of action pursuant to section 2-615, which the trial court granted with prejudice. The trial court granted the motion to dismiss for failure to state a cause of action with leave to replead. #JEREMY NICHOLAS BOEDER TRIBLER ORPETT AND MEYER CHICAGO CODE#Defendants moved to dismiss plaintiffs' complaint pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 2004)). #JEREMY NICHOLAS BOEDER TRIBLER ORPETT AND MEYER CHICAGO PROFESSIONAL#¶ 1 Plaintiffs George Garrick and his wife, Lainie Garrick, brought a professional negligence action against their previous insurance producers, 1 defendants Mesirow Financial Holdings, Inc., and Mesirow Insurance Services, Inc. Justice GORDON delivered the judgment of the court, with opinion.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |