SULLIVAN COMPANY, INC. v. New Swirl, Inc.

Finney, Justice:

Respondent Sullivan Company, Inc., instituted this action against Appellant New Swirl, Inc., to recover premiums it advanced under an agreement to obtain insurance coverage for the appellant. New Swirl asserted a denial on the grounds that Sullivan had failed to procure insurance at the lowest possible cost, counterclaimed for damages suffered as a result of Sullivan’s actions, and demanded an accounting. The circuit court granted Sullivan’s motion for summary judgment based upon its finding, first, that no duty should be imposed on insurance agents to obtain insurance for…