Statewide Insurance Company and Westfield Insurance Company v. Houston General Insurance Company

397 Ill.App.3d 410, 920 N.E.2d 622, 336 Ill. Dec. 402 (1st dist. 1st div. 2009)

Words & Phrases

Duty To Defend: Tender

Trial Judge

Kathleen M. Pantle

Appellate Judge

Justice Lampkin

Holding

Subcontractor’s insurer was bound by the acts of its agent who reinstated insurance coverage on insurer’s behalf, which was in force on the date of underlying plaintiff’s injury; contractor-insured effectively deactivated its tender to its insurer so that subcontractor’s insurer was liable for underlying settlement amounts contributed by general contractor’s insurer, as well as prejudgment interest, defense costs, attorney fees and costs pursuant to Section 155 of the Illinois Insurance Code.

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