Filak v. George

This appeal is from a judgment for a defendant in an action alleging breach of contract and constructive fraud based on an insurance agent’s alleged failure to procure a fire insurance policy with certain provisions. We consider whether the circuit court erred in sustaining the defendant’s demurrer to the constructive fraud claim and in granting the defendant’s motion to strike the plaintiff’s evidence on the breach of contract claim.

The following facts are relevant to this appeal. Christian B. Massey and Candice L. Filak, husband and wife, (collectively, the plaintiffs) owned a 36-acre horse…