The “targeted tender” and “horizontal exhaustion” doctrines are important insurance coverage doctrines that have significant consequences to both insurers and insureds.
In this three-part series, we will examine both doctrines and explain how an insured that invokes the former may find its excess insurance coverage jeopardized by the latter.
Since it was first recognized by the Illinois Supreme Court, the “targeted tender” doctrine has sparked debate. In fact, there has probably been no other insurance coverage topic that has generated more litigation, both at the trial and appellate court levels. That continues to be the case even though they doctrine has now been a part of insurance coverage rubric for more than 10 years.
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