Martin v. State Farm Mutual Automobile Insurance Co

In Martin v. State Farm Mutual Automobile Insurance Co., 348 Ill. App. 3d 846, 850-51, 808 N.E.2d 47, 283 Ill. Dec. 497 (2004), the appellate court affirmed the dismissal of the plaintiffs' complaint, which was based on various legal theories, because the plaintiffs failed to adequately plead a fiduciary relationship giving rise to a duty to disclose. Martin, 348 Ill. App. 3d at 851. The plaintiffs were Marisa and Adam Martin. Martin, 348 Ill. App. 3d at 848. Marisa was involved in a car accident with Mr. Beebe; both the Martins and Beebe were insured by State Farm in separate and unrelated automobile policies. Martin, 348 Ill. App. 3d at 848. The Martins brought a third-party claim against Beebe for repair of their vehicle under Beebe's policy. Martin, 348 Ill. App. 3d at 848. After State Farm, as Beebe's insurer, settled that claim with the Martins, the Martins filed suit against State Farm, alleging that State Farm breached its duty to disclose the material fact that Beebe's policy included additional coverage available to the Martins for the diminished value of their automobile. Martin, 348 Ill. App. 3d at 849. The appellate court held that State Farm had no such duty despite the Martins' allegations that State Farm had told them that it would take care of their claim and that they did not need to hire an attorney. Martin, 348 Ill. App. 3d at 851-52. Specifically, the court held that the Martins never alleged "that State Farm was in a position of such superiority and influence by reason of friendship, agency, or experience," and it also rejected the Martins' "conclusory assertion" that State Farm had acted as their agent in settling their claim against Beebe. Martin, 348 Ill. App. 3d at 851-52. The court concluded that, "to the extent plaintiffs intended to claim a fiduciary duty arose from particular circumstances, it was incumbent upon them to identify those circumstances and plead them with specificity." Martin, 348 Ill. App. 3d at 852.