Steven Ciszewski

An article on the targeted tender doctrine by Steven Ciszewski is featured in this month’s issue of The Policy, the newsletter of the Illinois State Bar Association’s Section on Insurance Law. PDF

Mr. Ciszewski explains the history and purpose behind the targeted tender doctrine in Illinois. “In simple terms, [the targeted tender doctrine] allows an insured covered for a loss by multiple insurance policies to select one insurer to pay the entire claim, leaving the others with no liability—either to the insured or to the paying insurer through an equitable contribution claim,” Mr. Ciszewski wrote.

Illinois formally adopted the targeted tender doctrine in John Burns Const. Co. v. Indiana Ins. Co., 189 Ill.2d 570 (2000). This case “involved the prototypical targeted tender scenario where a general contractor requires its subcontractor to name it as an additional insured on the subcontractor’s liability policy,” Mr. Ciszewski explained. “If the general contractor later gets sued for an injury arising out of the subcontractor’s work, it can then target tender the claim to its subcontractor’s insurer, leaving its own coverage untouched.” The article goes on to “discuss post-Burns appellate decisions to set the landscape for where [the doctrine] stands today.”

Mr. Ciszewski focuses his practice on commercial litigation including insurance disputes. He has represented numerous insurers and insureds in disputes about the scope and applicability of their insurance coverage. 

For more information, contact Mr. Ciszewski at (312) 419-6900 or stevec@novackmacey.com.