Hoey Secures Dismissal of Insurance Producer
CM partner Jim Hoey recently obtained the dismissal of an insurance producer in a lawsuit filed in Danville, Illinois.
The Insured caused a car accident which resulted in serious injuries to another driver. The injured driver sued the Insured. The Insured’s exposure was far in excess of the Insured’s liability policy. The Insured sued his producer alleging that the producer should have known of his significant assets and offered him a liability policy with adequate limits.
Hoey filed multiple Motions to Dismiss based on the principle that a producer’s duty is to exercise reasonable care to procure the coverage that is requested. Higher limits of insurance were not requested by the Insured.
The court granted our Motions to Dismiss. No appeal was taken. The learning point is to establish the limited duties of insurance producers and aggressively pursue Motions to Dismiss when appropriate. For more information concerning the successful defense of insurance professionals, please contact Jim at 312-606-7493 or jhoey@clausen.com
Private: James M. Hoey