Article: Court says Mesirow contingents suit can proceed; State court allows fiduciary duty claim but bars fraud charge.(News)(Mesirow Insurance Services)

Byline: SALLY ROBERTS

CHICAGO-An Illinois Appellate Court has ruled that a lawsuit against Mesirow Insurance Services Inc. alleging breach of fiduciary duty in connection with undisclosed contingent commissions can proceed.

Crystal Lake, Ill.-based DOD Technologies Inc. sued Chicago-based Mesirow in March 2005, alleging breach of fiduciary duty, unjust enrichment and consumer fraud in connection with Mesirow's practice of accepting contingent commissions, among other charges.

The circuit court in Cook County dismissed all charges against Mesirow in October 2006, ruling that Illinois' insurance code precludes claims for breach of fiduciary duty ...

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