Only three states have adopted the “targeted tender” rule. Massachusetts recently had the chance to join those ranks, but it firmly declined. The concept of “targeted tender” or “selective tender” allows a policyholder to single out one insurer among co-insurers and trigger only that insurer’s policy, leaving the insurer without entitlement to contribution from co-insurers.
In Insurance Company of the State of Pennsylvania v. Great Northern Insurance Company, an employee reported his injury to the insured employer, which then notified only one of two …
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