Zannini v. Reliance Insurance Co.

3 Citing cases

  1. A B Freight Line, Inc. v. Ryan

    576 N.E.2d 563 (Ill. App. Ct. 1991)   Cited 10 times
    Holding that under certain circumstances, independent insurance agents may be agents of both insurer and insured

    Davidson v. Comet Casualty Co. (1980), 89 Ill. App.3d 720, 723, 412 N.E.2d 19. • 2 Independent insurance agents possess a certain duality which allows them to act as both agents and brokers. ( Zannini v. Reliance Insurance Co. (1990), 206 Ill. App.3d 910, 916, 565 N.E.2d 118, appeal allowed (1991), 137 Ill.2d 673.) Although earlier case law drew a distinction between insurance agents and insurance brokers (see, e.g., DeGraw v. State Security Insurance Co. (1976), 40 Ill. App.3d 26, 33, 351 N.E.2d 302; Lynn v. Village of West City (1976), 36 Ill. App.3d 561, 564-65, 345 N.E.2d 172; Galiher v. Spates (1970), 129 Ill. App.2d 204, 206, 262 N.E.2d 626), a person's conduct and not title determines the relationship between the independent insurance agent, the insured and the insurer. ( Zannini, 206 Ill. App.3d at 916, 565 N.E.2d at 122; Krause v. Pekin Life Insurance Co. (1990), 194 Ill. App.3d 798, 805, 551 N.E.2d 395.) Under certain circumstances, an independent insurance agent may be an agent of both the insured and the insurer.

  2. Zannini v. Reliance Ins. Co. of Ill., Inc.

    147 Ill. 2d 437 (Ill. 1992)   Cited 72 times
    In Zannini v. Reliance Ins. Co., 147 Ill.2d 437, 168 Ill.Dec. 820, 590 N.E.2d 457 (1992), the Illinois Supreme Court held that the existence of an agency agreement that gave the broker the authority to bind the insurer rendered unnecessary resort to the four-part test in Moone.

    The appellate court affirmed. 206 Ill. App.3d 910. For the reasons stated below, we reverse the judgments of the appellate and circuit courts and remand this matter for further proceedings.

  3. American Country Insurance v. Bernhard Woodwork, Ltd.

    592 N.E.2d 1319 (Mass. 1992)   Cited 9 times
    Applying Illinois law, but utilizing the same agency factors considered by the jury in the current case

    Under Illinois law an independent insurance agent may be the agent for the insurer (i.e., insurance agent) for certain purposes, the agent of the insured (i.e., insurance broker), or the agent of both parties in certain instances. Zannini v. Reliance Ins. Co., 206 Ill. App.3d 910, 915 (1990). See note 2, supra.