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Illinois Compiled Statutes

735 ILCS 5/2-2201 (2026)

Ordinary care; civil liability

✓ current as of May 2026
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(735 ILCS 5/2-2201)
    Sec. 2-2201. Ordinary care; civil liability.
    (a) An insurance producer, registered firm, and limited insurance representative shall exercise ordinary care and skill in renewing, procuring, binding, or placing the coverage requested by the insured or proposed insured.
    (b) No cause of action brought by any person or entity against any insurance producer, registered firm, or limited insurance representative concerning the sale, placement, procurement, renewal, binding, cancellation of, or failure to procure any policy of insurance shall subject the insurance producer, registered firm, or limited insurance representative to civil liability under standards governing the conduct of a fiduciary or a fiduciary relationship except when the conduct upon which the cause of action is based involves the wrongful retention or misappropriation by the insurance producer, registered firm, or limited insurance representative of any money that was received as premiums, as a premium deposit, or as payment of a claim.
    (c) The provisions of this Section are not meant to impair or invalidate any of the terms or conditions of a contractual agreement between an insurance producer, registered firm, or limited insurance representative and a company that has authority to transact the kinds of insurance defined in Class 1 or clause (a), (b), (c), (d), (e), (f), (h), (i), or (k) of Class 2 of Section 4 of the Illinois Insurance Code.
    (d) While limiting the scope of liability of an insurance producer, registered firm, or limited insurance representative under standards governing the conduct of a fiduciary or a fiduciary relationship, the provisions of this Section do not limit or release an insurance producer, registered firm, or limited insurance representative from liability for negligence concerning the sale, placement, procurement, renewal, binding, cancellation of, or failure to procure any policy of insurance.
(Source: P.A. 89-638, eff. 1-1-97.)


 
    (735 ILCS 5/Art. II Pt. 23 heading)
Part 23. Settlement
(Source: P.A. 98-548, eff. 1-1-14.)

    
Notes of Decisions
Cited in 40 cases (7 in the last 5 years), 2003–2026 · leading case: Am. Fam. Mut. Ins. Co. v. Krop, 2018 IL 122556 (Ill. 2018).
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Am. Fam. Mut. Ins. Co. v. Krop, 2018 IL 122556 (Ill. 2018). · cites it 9× “¶ 43 JUSTICE THEIS, dissenting: ¶ 44 The threshold question in this case is the proper characterization of the third-party action filed by the Krops against Andrew Varga, an American Family agent, under section 2-2201 of the Code ( 735 ILCS 5/2-2201 (West 2014) ). When this…”
Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. 2015). · cites it 10× “The appellate court held section 2-2201 of the Code of Civil Procedure (Code) (735 ILCS 5/2-2201 (West 2010)), imposes a duty on an insurance agent to act with ordinary care under the circumstances presented in this case.”
Garrick v. Mesirow Fin. Holding, Inc., 2013 IL App (1st) 122228 (Ill. App. Ct. 2013). · cites it 9× “Fiduciary Duty ¶ 35 Pursuant to the Illinois insurance placement liability section of the Code of Civil Procedure (735 ILCS 5/2-2201(a) (West 2004)), the law provides a statutory duty for an insurance broker.”
Landmark Am. Ins. Co v. Deerfield Constr., Inc., 933 F.3d 806 (7th Cir. 2019). · cites it 2× “III Reversing course, Deerfield finally attempts to revive its claims against Gallagher by arguing that Gallagher was not Landmark's agent, but its own. Under this theory, Deerfield argues that Gallagher should be liable for its loss because Gallagher breached its fiduciary duty…”
Am. Fam. Mut. Ins. Co. v. Krop, 2018 IL 122556 (Ill. 2019). · cites it 9× “¶ 43 JUSTICE THEIS, dissenting: ¶ 44 The threshold question in this case is the proper characterization of the third-party action filed by the Krops against Andrew Varga, an American Family agent, under section 2-2201 of the Code (735 ILCS 5/2-2201 (West 2014)). When this action…”
Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. 2015). · cites it 8× “Plaintiffs alleged Lessaris breached his duty to exercise ordinary care and skill in renewing, procuring, binding, and placing the requested insurance coverage as required by section 2-2201 of the Code (735 ILCS 5/2-2201 (West 2010)). In count II, plaintiffs alleged Country…”
M. G. Skinner & Assocs. Ins. Agency, Inc. v. Norman-Spencer Agency, Inc., 845 F.3d 313 (7th Cir. 2017). “The district court concluded that Norman-Spencer did not owe a duty to WCPP under the Illinois Insurance Placement Liability Act (IIPLA), 735 ILCS 5/2-2201, because neither WCPP nor any broker in the procurement chain ever requested Norman-Spencer’s assistance with that…”
Dod Tech. v. Mesirow Ins. Servs., 887 N.E.2d 1 (Ill. App. Ct. 2008). · cites it 4× “The trial court granted defendant's motion to dismiss pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2004)) on the basis that (1) section 2-2201 of the Code (735 ILCS 5/2-2201 (West 2004)) precludes claims for breach of fiduciary duty and…”
Mercola v. Abdou, 223 F. Supp. 3d 720 (N.D. Ill. 2016). · cites it 3× “” 735 ILCS 5/2-2201(a). That is the language of tort.”
Austin Highlands Dev. Co. v. Midwest Ins. Agency, Inc., 2020 IL App (1st) 191125 (Ill. App. Ct. 2020). · cites it 6× “¶5 On October 4, 2018, Austin sued Midwest, alleging that Midwest was “an insurance producer” under section 2-2201 of the Code of Civil Procedure (Code) (735 ILCS 5/2-2201 (West 2018)) and, therefore, was required to exercise ordinary care and skill in procuring, binding,…”
Country Mut. Ins. Co. v. Carr, 852 N.E.2d 907 (Ill. App. Ct. 2006). · cites it 7× “Laws 3361 , 3361) (adding 735 ILCS 5/2-2201 (West 1998)). Carr's claims hinge on the interpretation of section 2-2201.”
Moore Ex Rel. Moore v. Johnson Cnty. Farm Bureau, 798 N.E.2d 790 (Ill. App. Ct. 2003). · cites it 3× “Section 2-2201(b) of the Code states as follows: *794 "(b) No cause of action brought by any person or entity against any insurance producer, registered firm, or limited insurance representative concerning the sale, placement, procurement, renewal, binding, cancellation of, or…”
Show all 40 citing cases →
— 735 ILCS 5/2-2201(a) — 23 cases
Garrick v. Mesirow Fin. Holding, Inc., 2013 IL App (1st) 122228 (Ill. App. Ct. 2013). “Fiduciary Duty ¶ 35 Pursuant to the Illinois insurance placement liability section of the Code of Civil Procedure (735 ILCS 5/2-2201(a) (West 2004)), the law provides a statutory duty for an insurance broker.”
Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. 2015). “The appellate court held section 2-2201 of the Code of Civil Procedure (Code) (735 ILCS 5/2-2201 (West 2010)), imposes a duty on an insurance agent to act with ordinary care under the circumstances presented in this case.”
Am. Fam. Mut. Ins. Co. v. Krop, 2018 IL 122556 (Ill. 2018). “¶ 43 JUSTICE THEIS, dissenting: ¶ 44 The threshold question in this case is the proper characterization of the third-party action filed by the Krops against Andrew Varga, an American Family agent, under section 2-2201 of the Code ( 735 ILCS 5/2-2201 (West 2014) ). When this…”
Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. 2015). “Plaintiffs alleged Lessaris breached his duty to exercise ordinary care and skill in renewing, procuring, binding, and placing the requested insurance coverage as required by section 2-2201 of the Code (735 ILCS 5/2-2201 (West 2010)). In count II, plaintiffs alleged Country…”
Mercola v. Abdou, 223 F. Supp. 3d 720 (N.D. Ill. 2016). “” 735 ILCS 5/2-2201(a). That is the language of tort.”
— 735 ILCS 5/2-2201(b) — 20 cases
Am. Fam. Mut. Ins. Co. v. Krop, 2018 IL 122556 (Ill. 2018). “¶ 43 JUSTICE THEIS, dissenting: ¶ 44 The threshold question in this case is the proper characterization of the third-party action filed by the Krops against Andrew Varga, an American Family agent, under section 2-2201 of the Code ( 735 ILCS 5/2-2201 (West 2014) ). When this…”
Dod Tech. v. Mesirow Ins. Servs., 887 N.E.2d 1 (Ill. App. Ct. 2008). “The trial court granted defendant's motion to dismiss pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2004)) on the basis that (1) section 2-2201 of the Code (735 ILCS 5/2-2201 (West 2004)) precludes claims for breach of fiduciary duty and…”
Mercola v. Abdou, 223 F. Supp. 3d 720 (N.D. Ill. 2016). “” 735 ILCS 5/2-2201(a). That is the language of tort.”
Am. Fam. Mut. Ins. Co. v. Krop, 2018 IL 122556 (Ill. 2019). “¶ 43 JUSTICE THEIS, dissenting: ¶ 44 The threshold question in this case is the proper characterization of the third-party action filed by the Krops against Andrew Varga, an American Family agent, under section 2-2201 of the Code (735 ILCS 5/2-2201 (West 2014)). When this action…”
Mizuho Corp. Bank (USA) v. Cory & Assocs., Inc., 341 F.3d 644 (7th Cir. 2003).
— 735 ILCS 5/2-2201(c) — 2 cases
Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. 2015). “The appellate court held section 2-2201 of the Code of Civil Procedure (Code) (735 ILCS 5/2-2201 (West 2010)), imposes a duty on an insurance agent to act with ordinary care under the circumstances presented in this case.”
Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. 2015). “Plaintiffs alleged Lessaris breached his duty to exercise ordinary care and skill in renewing, procuring, binding, and placing the requested insurance coverage as required by section 2-2201 of the Code (735 ILCS 5/2-2201 (West 2010)). In count II, plaintiffs alleged Country…”
— 735 ILCS 5/2-2201(d) — 8 cases
Landmark Am. Ins. Co v. Deerfield Constr., Inc., 933 F.3d 806 (7th Cir. 2019). “III Reversing course, Deerfield finally attempts to revive its claims against Gallagher by arguing that Gallagher was not Landmark's agent, but its own. Under this theory, Deerfield argues that Gallagher should be liable for its loss because Gallagher breached its fiduciary duty…”
Am. Fam. Mut. Ins. Co. v. Krop, 2018 IL 122556 (Ill. 2018). “¶ 43 JUSTICE THEIS, dissenting: ¶ 44 The threshold question in this case is the proper characterization of the third-party action filed by the Krops against Andrew Varga, an American Family agent, under section 2-2201 of the Code ( 735 ILCS 5/2-2201 (West 2014) ). When this…”
Am. Fam. Mut. Ins. Co. v. Krop, 2018 IL 122556 (Ill. 2019). “¶ 43 JUSTICE THEIS, dissenting: ¶ 44 The threshold question in this case is the proper characterization of the third-party action filed by the Krops against Andrew Varga, an American Family agent, under section 2-2201 of the Code (735 ILCS 5/2-2201 (West 2014)). When this action…”
Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. 2015). “Plaintiffs alleged Lessaris breached his duty to exercise ordinary care and skill in renewing, procuring, binding, and placing the requested insurance coverage as required by section 2-2201 of the Code (735 ILCS 5/2-2201 (West 2010)). In count II, plaintiffs alleged Country…”
Country Mut. Ins. Co. v. Carr, 852 N.E.2d 907 (Ill. App. Ct. 2006). “Laws 3361 , 3361) (adding 735 ILCS 5/2-2201 (West 1998)). Carr's claims hinge on the interpretation of section 2-2201.”
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