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KANE FORD SALES, INC. v. CRUZ

Gen. No. 69-95.

119 Ill. App.2d 102 (1970)

255 N.E.2d 90

Kane Ford Sales, Inc., Plaintiff, v. Frank Cruz, Defendant and Frank Cruz, Third-Party Plaintiff-Appellee, v. John W. Cox Insurance Agency, and Carl Schmidt, Individually, Oriol Del Swiger, an Individual, Third-Party Defendants-Appellants.

Appellate Court of Illinois — Second District.

January 22, 1970.

Attorney(s) appearing for the Case

Alschuler, Putnam, McWethy, Weiss & Weiler, of Aurora, for appellants.

No brief for appellee.

MR. JUSTICE SEIDENFELD delivered the opinion of the court.

John W. Cox Insurance Agency, Carl Schmidt, and Oriol Del Swiger, (collectively referred to as the "Cox Agency"), third-party defendants below, appeal from a judgment entered by the magistrate in favor of Frank Cruz, third-party plaintiff.

The Cox Agency urges that an insurance agent, who procures a policy in a company that subsequently proves to be insolvent, is not liable without proof of breach...

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