Legal Opinion · Concurrence

American National Fire Insurance v. National Union Fire Insurance

Appellate Court of Illinois

Decided September 5, 2003No. 1-01-4000Published

1Concurrence

JUSTICE QUINN,

specially concurring.

I concur with the holdings in this opinion. The uncontroverted fact that National received notice of the Gonzalez suit more than three years after the suit was filed relieved National of any duty to defend Camosy. I write separately to again express my concern with the “targeted tender rule” as promulgated by our supreme court in John Burns Construction Co. v. Indiana Insurance Co., 189 Ill. 2d 570, 727 N.E.2d 211 (2000). There, the court held that insureds have the right to select which concurrent primary insurers must respond to a particular suit or claim…

2Cases cited6 opinions

  1. United States Gypsum Co. v. Admiral InsuranceAppellate Court of Illinois · 1994
  2. John Burns Construction Co. v. Indiana InsuranceIllinois Supreme Court · 2000
  3. Chicago Hosp. Risk Pooling Program v. STATE MED. INTER-INS. EXCHANGEAppellate Court of Illinois · 2001
  4. Walker v. LovittIllinois Supreme Court · 1911
  5. Richard Marker Associates v. Pekin InsuranceAppellate Court of Illinois · 2001

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