Vedder v. Continental Western Ins. Co.,

2012 IL App (5th) 110583 (Ill. App., 2012)

Words & Phrases

Duty To Defend: Tender

Trial Judge

Honorable Douglas L. Jarman

Appellate Judge

Justice Welch

Holding

Targeted tender was ineffective because insured can only selectively target tender between two primary coverages applying principle of horizontal exhaustion requiring exhaustion of all primary policy limits before invoking excess coverage.

Fact Summary

Organization’s insurer was not estopped from asserting that it was excess to volunteer’s policy due to any delay in seeking declaratory relief.

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