Busey Truck Equipment, Inc. v. American Family Mutual Insurance Co.

PATRICIA L. COHEN, Judge.

Introduction

Plaintiff Busey Truck Equipment, Inc. (“Busey”) brought suit against American Family Mutual Insurance Co. (“Insurance Company”) for breach of contract and vexatious refusal to pay 1 and Insurance Company’s agent, Janey Foust (“Agent”), for negligent failure to procure insurance. Agent filed a motion to dismiss for failure to state a claim. The circuit court granted Agent’s motion to dismiss. We reverse and remand.

Factual and Procedural Background

Busey alleged the following facts in its petition. Prior to July 27, 2006, Busey’s representatives met with…