The Impact of Selective Tender And Actual Notice on Additional Insureds in Illinois

Produced on: June 12, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

This course, taught by Andrew Witik, is a follow-up to his previous program “Know Your Business And The Impact of Actual Notice on Additional Insureds in Illinois.” This program will cover the topic and application of the rules of “selective tender” and “actual notice” under Illinois law and the significant impact they can have on additional insureds and their businesses.

Illinois follows the minority rule and does not always require an additional insured to tender a lawsuit for which it desires a defense. Under certain circumstances, the named insured’s insurance carrier may become aware or learn that an additional insured endorsed on its named insured’s liability policy has been sued in the same lawsuit as the named insured. The result of having actual notice of the lawsuit against the additional insured is that the insurer’s duty to defend is triggered. Once this occurs, under the rule of actual notice, the insurer has an affirmative duty to contact the additional insured to determine whether the additional insured wants the insurer to defend or participate in its defense.

In addition, Illinois adheres to the minority rule of selective or “targeted” tender on the part of the insured. The insured has the paramount right to choose or not choose an insurer’s participation in a claim and that right encompasses the right to deactivate coverage with an insurer previously selected for purposes of invoking exclusive coverage with another insurer.

The insurer’s knowledge of these facts, and that the allegations in the plaintiff’s complaint potentially fall within the scope of coverage under its policy, can have a profound impact on how litigation expenses and costs are paid, so businesses and their counsel must be especially vigilant and be aware of their obligations under Illinois law.



Learning Objectives:
  1. Examine the Illinois rule on selective tender actual notice and additional insureds
  2. Identify the steps general counsel must take to ensure their insurance carrier is aware of any additional insureds and its defense obligations
  3. Assess the cost-saving implications of the rule and its impact on business decisions


Faculty

Andrew Witik

Litchfield Cavo

Andrew has over 29 years of experience representing insurance companies, corporations, municipalities, and individuals in declaratory judgment actions, contractual disputes, bad faith claims, and appeals in state and federal courts across the United States. In addition to insurance coverage, his emphasis is on construction defect litigation matters. He has successfully litigated Illinois cases of first impression applying the business risk and false pretense exclusions. He also has experience with general liability, professional liability, commercial auto, property, business owner’s, and homeowner’s policies.

Drew has been rated an AV® Preeminent™ lawyer by Martindale-Hubbell, representing the recognition of the highest level of professional excellence by his peers. In 2018, he was named a Leading Lawyer in Illinois in the areas of Insurance, Insurance Coverage, and Reinsurance Law.

After law school, Drew served as law clerk to the Hon. Edward J. Egan of the Illinois Appellate Court.

Education

  • Loyola University Chicago School of Law, JD
  • Loyola University, BA

Admissions

  • Illinois
  • Wisconsin
  • United States District Courts: Northern District of Illinois, Southern District of Illinois, Central District of Illinois, Eastern District of Wisconsin
  • United States Court of Appeals: Seventh Circuit
  • Member - American Subcontractors Association

Publications and Presentations

  • “Know Your Business And The Impact of Actual Notice on Additional Insureds in Illinois,” Lawline Webinar, May 19, 2017
  • “Additional Insureds and Risk Transfer in Construction Contracts,” Lawline Webinar, March 27, 2017
  • “Arising Issues with Additional Insureds,” 3rd Annual Intermountain Construction Defect & Dispute Conference, Salt Lake City, Utah, February 3, 2017
  • “Business Owner’s Policies and Transferring Risk” NBI Webcast Seminar, September 14, 2016
  • “Arising Issues Regarding Additional Insureds, Risk Transfer in Construction Contracts and Anti-Indemnity Legislation,” 2nd Annual Midwest Construction Defect & Dispute Conference, Minneapolis, Minnesota, August 18, 2016
  • “The Texas Anti-Indemnity Act,” Premier Southwest Construction Defect & Dispute Conference, Las Vegas, Nevada, April 15, 2016
  • “Emerging Issues: High-risk Insurance Coverage Litigation for Lawyers in 2015,” The Knowledge Group Webcast Seminar, October 8, 2015


Reviews

HM
holly m.

good speaker

RK
Roland K.

Good summary, easy to follow

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