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John Burns Construction Company v. Indiana Insurance Company, No. 86552 (1/21/00). Cook Co. Appellate and circuit courts rev'd. Insurer to whom litigation is tendered and whose policy contains "other insurance" clause may not seek contribution from another insurer whose policy is in existence but whose coverage the insured has refused to invoke, since insured has right to choose which insurer is required to defend and indemnify it and "other insurance" provision does not in itself trigger other coverage or overcome insured's right to tender defense to one insurer alone.


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