We agree with plaintiff for the reasons set out below. The question of whether a broker is an agent for the insured, the insurer, or both is a factual matter. The question of agency is not a question of law to be decided from the pleadings. Because the question of Bahr, Jr.'s agency is a factual matter sufficiently alleged, we hold that the trial court improperly dismissed count II of plaintiff's fourth amended complaint. We next consider plaintiff's contention that Bahr, Jr., assumed a duty to annually review the adequacy of plaintiff's automobile insurance coverage by instituting State Farm's Family Insurance Check-Up Program.
Liability can attach from the negligent perfor- mance of a voluntary undertaking.
The duty of care imposed is limited to the extent of the undertaking. Here, defendant Bahr, Jr., voluntarily instituted the State Farm Family Insurance Check-Up Program. The informational flier for the Family Insurance Check-Up Program states that the purpose of the program is to review policyholders' insurance coverage, assess the policyholders' risk needs, and determine how those needs can best be met. This indicates that the agents or brokers will regularly review the policyholder's individual circumstances and assess the adequacy of the policyholder's coverages. Bahr, Jr., did conduct the Family Insurance Check-Up with plaintiff, who has several insurance policies with defendant.