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HOSSELTON v. FIDELITY & DEPOSIT CO.

No. 3-91-0946.

603 N.E.2d 96 (1992)

236 Ill. App.3d 946

177 Ill.Dec. 315

Lara HOSSELTON, Guardian of the Estate of Edward Niggeman, a disabled person, Plaintiff-Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation, and James T. Burns, Defendants (Ken Wiser Insurance Agency, Inc., a corporation, Defendant-Appellee).

Appellate Court of Illinois, Third District.

Rehearing Denied December 4, 1992.

Attorney(s) appearing for the Case

Edward G. Vogt, Kankakee, for Lara Hosselton.

Douglas C. Crone and Michael R. Stiff, Tribler & Orpett, P.C., Chicago, for Ken Wiser Ins. Agency.

Justice HAASE delivered the opinion of the Court.

The plaintiff, Lara Hosselton, acting as guardian of the estate of Edward Niggeman, brought a negligence action against the defendant, Ken Wiser Insurance Agency, Inc. In count two of the complaint, the plaintiff claimed the defendant was negligent in failing to ascertain the value of the estate before issuing a surety bond. The court granted the defendant's motion to dismiss this count. The plaintiff appeals.

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