Economy Fire & Casualty Co. v. Gab Business Services, Inc.

The plaintiff, Economy Fire and Casualty Company (Economy), brought an action against defendant, GAB Business Services, Inc. (GAB), alleging breach of an oral contract and common law negligence. Plaintiff sought to recover damages alleged to have been caused by defendant’s conduct in adjusting an insurance claim on their behalf. The defendant filed a motion to dismiss pursuant to section 2 — 619(a)(9) of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 2 — 619(a)(9)) which incorporated by reference the record from a different trial. The trial court granted defendant’s motion…