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LAZZARA v. HOWARD A. ESSER, INC.

No. 85-2649.

802 F.2d 260 (1986)

Joseph LAZZARA, Plaintiff-Appellee, v. HOWARD A. ESSER, INC., Defendant and Third-Party Plaintiff-Appellant, v. AETNA CASUALTY & SURETY COMPANY OF ILLINOIS, INC. and Reliance Insurance Company of Illinois, Inc., Third-Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1986.

Rehearings and Rehearing Denied October 30, 1986.

Attorney(s) appearing for the Case

Mitchell A. Orpett, Tribler & Marwedel, P.C., Chicago, Ill., for Howard A. Esser, Inc.

Richard J. O'Brien, Sidley & Austin, Chicago, Ill., for Lazzara.

Stephen R. Swofford, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for Aetna Casualty & Surety Co.

Kristine A. Karlin, Judge & Knight, Ltd., Park Ridge, Ill., for Reliance Ins. Co. of Illinois, Inc.

Before CUDAHY, POSNER, and EASTERBROOK, Circuit Judges.

Rehearings and Rehearing En Banc Denied October 30, 1986.

CUDAHY, Circuit Judge.

Plaintiff, Joseph Lazzara, directed his insurance broker, Howard A. Esser, Inc. ("Esser"), to acquire and maintain $1,000,000 in automobile insurance coverage for him. Esser obtained such coverage by acquiring two policies and it periodically renewed these policies. At one point, when it sought renewal of one of the policies, a policy with different liability limits than the original...

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