271 Ill. App. 3d 750 - Kanter v. Deitelbaum’s Empirical Analysis
1995
Citation profile
10 federal appellate · 3 district · 23 state decisions
How this case has been cited
Cited by 45 later decisions — most recently October 2018 · most notably Plumb v. Fluid Pump Service, Inc. (1997), 357 Ill. App. 3d 17 - AYH Holdings, Inc. v. Avreco, Inc. (2005)
10 federal appellate · 3 district · 23 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 91 Ill. 2d 69 - Moorman Manufacturing Co. v. National Tank Co. · 159 Ill. 2d 137 - Congregation of the Passion v. Touche Ross & Co. · 154 Ill. 2d 48 - Collins v. Reynard · 226 Ill. App. 3d 697 - LAKE CTY. GRADING CO. OF LIBERTYVILLE, INC. v. Great Lakes Agency, Inc. · 193 Ill. App. 3d 453 - Shults v. Griffin-Rahn Insurance Agency, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The economic loss doctrine applies to the service industry only where the duty of the party performing the service is defined by the contract between him and his client. Where a duty arises outside of that contract, the doctrine does not prohibit recovery under a tort theory for the negligent breach thereof .... We find that this failure was a breach of his duty to observe reasonable professional competence which existed independently of the insurance policy or contract. We therefore find that [the insurance broker’s] duty to plaintiffs, his insureds, in performing insurance brokerage services was not solely defined by contract, but rather was extracontractual in nature. As such, the economic loss doctrine does not bar plaintiffs’ recovery of their economic damages under a tort theory for [the insurance broker’s] negligent breach.”
5 later decisions quote this exact passage · from the majority“[A]n insurance broker is bound to exercise reasonable skill and diligence in the transaction of the business entrusted to him and will be responsible to his principal for any loss resulting from his failure to do so. However, a broker is not liable if he acts in good faith and with reasonable care, skill, and diligence to place the insurance in compliance with his principal’s instructions. Moreover, a broker’s employment in each case is that of a special agent for a single objective. Once the limited purpose of the broker’s agency is accomplished, the broker no longer owes an ongoing fiduciary duty to the ex-principal.”
1 later decision quote this exact passage · from the majority“In Illinois, an insurance broker must exercise competence and skill when rendering the service of procuring insurance.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.