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Case Briefs

By ALM Staff | Law Journal Newsletters |
January 02, 2008

Targeted Tender Rule Does Not Pre-empt Horizontal Exhaustion

In Kajima Construction Services, Inc. v. St. Paul Fire & Marine Insurance Company, Docket No. 103588, __ N.E.2d __, 2007 WL 4200949 (Ill. Nov. 29, 2007), the Illinois Supreme Court held that Illinois' targeted tender rule, which allows an insured to select among the insurers owing it a duty to defend, does not pre-empt Illinois' rule of horizontal exhaustion, which generally requires an insured to exhaust all primary coverage before reaching its excess insurers.

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