selective tender rule (Illinois) · Go Syfert
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selective tender rule in Illinois

14 Illinois opinions name it 2 courts 2004–2012 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Chicago Hosp. Risk Pooling Program v. STATE MED. INTER-INS. EXCHANGEgreen
illappct · 2001 · cited in 4 Illinois opinions naming this issue, 2004–2010
2 sentences

2010CHRPP I, 325 Ill.

2005Chicago Hospital Risk Pooling Program , 325 Ill.

24
Pekin Insurance v. Fidelity & Guaranty Insurancegreen
illappct · 2005 · cited in 2 Illinois opinions naming this issue, 2009–2009
2 sentences

2009Pekin Insurance Co. v. Fidelity & Guaranty Insurance Co., 357 Ill.

2009Pekin Insurance Co. v. Fidelity & Guaranty Insurance Co., 357 Ill.

22
John Burns Construction Co. v. Indiana Insurancegreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006John Burns Construction Co. v. Indiana Insurance Co., 189 Ill. 2d 570, 574 (2000); Cincinnati Cos. v. West American Insurance Co., 183 Ill. 2d 317, 326 (1998); Kajima, 368 Ill.

2006John Burns Construction Co. v. Indiana Insurance Co., 189 Ill. 2d 570, 574 (2000); Cincinnati Cos. v. West American Insurance Co., 183 Ill. 2d 317, 326 (1998); Kajima, slip op. at 2; Institute of London Underwriters v. Hartford Fire Insurance Co., 234 Ill.

22
Cincinnati Companies v. West American Insurancegreen
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006John Burns Construction Co. v. Indiana Insurance Co., 189 Ill. 2d 570, 574 (2000); Cincinnati Cos. v. West American Insurance Co., 183 Ill. 2d 317, 326 (1998); Kajima, 368 Ill.

2006John Burns Construction Co. v. Indiana Insurance Co., 189 Ill. 2d 570, 574 (2000); Cincinnati Cos. v. West American Insurance Co., 183 Ill. 2d 317, 326 (1998); Kajima, slip op. at 2; Institute of London Underwriters v. Hartford Fire Insurance Co., 234 Ill.

22
KAJIMA CONST. SERVS. v. St. Paul Fire and Marine Ins. Co.green
ill · 2007 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012The most recent supreme court decision on the selective tender rule suggests that the insurance policies must be concurrent for the rule to apply: “[T]argeted tender can be applied to circumstances where concurrent primary insurance coverage exists.” (Emphasis added.) Kajima, 227 Ill. 2d at 117 (insured could not selectively tender lawsuit defense to one insurance carrier over another where the two policies were not concurrent primary policies); see also Lee R.

11
Institute of London Underwriters v. Hartford Fire Insurancegreen
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 2006–2006
1 sentence

2006John Burns Construction Co. v. Indiana Insurance Co., 189 Ill. 2d 570, 574 (2000); Cincinnati Cos. v. West American Insurance Co., 183 Ill. 2d 317, 326 (1998); Kajima, slip op. at 2; Institute of London Underwriters v. Hartford Fire Insurance Co., 234 Ill.

11
American National Fire Insurance v. National Union Fire Insurancegreen
illappct · 2003 · cited in 1 Illinois opinions naming this issue, 2006–2006
1 sentence

2006See American National Fire Insurance Co. v. National Union Fire Insurance Co. of Pittsburgh, 343 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Kajima Construction Services, Inc. v. St. Paul Fire and Marine Insurace Co. green
illappct · 2006
2 sentences

2007App. 3d 665, 668-70 , 856 N.E.2d 452 (2006), appeal allowed, 222 Ill. 2d 609 , 862 N.E.2d 234 (2007), a case decided after the instant appeal arose and the review of which is currently pending in the supreme court, the court addressed the relation between the selective tender rule and horizontal exhaustion.

2007The appellate court held that “the selective tender rule should be applied to circumstances where concurrent insurance coverage exists for additional insureds.” 368 Ill.

52006–2007
Hughes & Duggan Builders, Inc. v. Best Built Fabricating Inc. neutral
ill · 2007
1 sentence

2007App. 3d 665, 668-70 , 856 N.E.2d 452 (2006), appeal allowed, 222 Ill. 2d 609 , 862 N.E.2d 234 (2007), a case decided after the instant appeal arose and the review of which is currently pending in the supreme court, the court addressed the relation between the selective tender rule and horizontal exhaustion.

12007–2007
Malmloff v. County Treasurer neutral
ill · 2007
1 sentence

2007App. 3d 665, 668-70 , 856 N.E.2d 452 (2006), appeal allowed, 222 Ill. 2d 609 , 862 N.E.2d 234 (2007), a case decided after the instant appeal arose and the review of which is currently pending in the supreme court, the court addressed the relation between the selective tender rule and horizontal exhaustion.

12007–2007
United States Gypsum Co. v. Admiral Insurance green
illappct · 1994
1 sentence

2006United States Gypsum, 268 Ill.

12006–2006

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1005 (6) IL § 215 ILCS 5/155 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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