targeted tender doctrine in Illinois

2023Despite the targeted tender rule only applying to primary coverage, we again note that “other insurance” provisions attempt to render coverage that would otherwise be considered “primary” as “excess.” River Valley I, LLC v. Central Insurance Companies, 396 Ill. App. 3d 480, 487 (2009).

2012The River Village court noted: “The targeted tender doctrine allows an insured who is covered by multiple and concurrent insurance policies to select, or ‘target,’ which insurer he wants to defend and indemnify him regarding a specific claim.” (Emphasis added.) Id. at 486 .

2014The supreme court reasoned that "[e]xtending the targeted tender rule to require an excess policy to pay before a primary policy would eviscerate the distinction between primary and excess insurance." Id. 7 1-12-2856 ¶ 15 Likewise, in Illinois School District, the defendant school district was covered by multiple insurance policies, all of which ran consecutively to each other.

2014The supreme court reasoned that “[e]xtending the targeted tender rule to require an excess policy to pay before a primary policy would eviscerate the distinction between primary and excess insurance.” Id. ¶ 15 Likewise, in Illinois School District, the defendant school district was covered by multiple insurance policies, all of which ran consecutively to each other.

2009See London, 234 Ill.

2009See London, 234 Ill.

2009See State Automobile, 377 Ill.

2009See State Automobile, 377 Ill.

2014Id. ¶ 14 As AMCO points out, the targeted tender doctrine has been criticized in recent years.

2014Id. ¶ 14 As AMCO points out, the targeted tender doctrine has been criticized in recent years.

2023John Burns Construction Co. v. Indiana Insurance Co., 189 Ill. 2d 570, 578 (2000).

2012While it is still very early, the doctrine of ‘selective tender’ does not appear to me to be one of those instances.” Chicago Hospital Risk Pooling Program, 325 Ill.