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First Midwest Bank1/20/2005
nies cannot be considered to be "information." The majority find that University of Chicago Hospitals v. United Parcel Service, 231 Ill. App. 3d 602 (1992) "is instructive." I believe that University of Chicago Hospitals is completely inapposite. It makes perfect sense that medical insurers are not in the business of supplying information. Persons purchasing medical insurance are certainly not doing so in an effort to obtain information upon which they can rely. However, persons purchasing title insurance, whether it be in the form of minutes of foreclosure, title commitments or abstracts of title, rely on the title insurer's search to research the applicable law and the records before issuing the commitment and to provide warnings about areas in which the purchaser might find title surprises. Oak Park Trust & Savings Bank v. Intercounty Title Co., 287 Ill. App. 3d 647, 650 (1997).
While I agree that it is not absolutely certain that title insurance companies may be held liable under the theory of negligent misrepresentation (see Nataro Homes, Inc. v. Chicago Title Insurance Co., 309 Ill. App. 3d at 257 and W.E. Erickson Construction, Inc. v. Chicago Title Insurance Co., 266 Ill. App. 3d 905, 911 (1994)), this court should not come to a contrary conclusion in dicta in the instant case.
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