Legal Opinion · Concurrence

Chicago Hosp. Risk Pooling Program v. STATE MED. INTER-INS. EXCHANGE

Appellate Court of Illinois

Decided September 27, 2001No. 1—99—3507, 1—99—3508 consPublished

1Concurrence

JUSTICE QUINN,

specially concurring:

I concur in the holdings and in the answers given to the certified questions in this opinion. I write separately to express my concern with the whole theory of “selected tender.” In John Burns Construction Co. v. Indiana Insurance Co., 189 Ill. 2d 570, 574, 727 N.E.2d 211 (2000), our supreme court articulated the question as follows: “[Wjhether an insurer to whom litigation is tendered and whose'policy contains an ‘other insurance’ clause like the one above may seek contribution from another insurer whose policy is in existence but whose coverage the insured…

2Cases cited8 opinions

  1. Cincinnati Companies v. West American InsuranceIllinois Supreme Court · 1998
  2. Institute of London Underwriters v. Hartford Fire InsuranceAppellate Court of Illinois · 1992
  3. American Country Ins. Co. v. Kraemer Bros., Inc.Appellate Court of Illinois · 1998
  4. John Burns Construction Co. v. Indiana InsuranceIllinois Supreme Court · 2000
  5. Sabath v. MansfieldAppellate Court of Illinois · 1978

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