103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2842

 

Introduced 2/16/2023, by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/143.13b new
215 ILCS 5/155.22  from Ch. 73, par. 767.22
215 ILCS 5/424  from Ch. 73, par. 1031

    Amends the Illinois Insurance Code. Provides that any policy of automobile insurance that carries comprehensive coverage may not exclude theft coverage for lack of evidence of forcible entry or for the insured leaving the vehicle unlocked or leaving a key or key fob in the motor vehicle. Provides that no company authorized to transact insurance business in the State and no officer, director, agent, clerk, employee, or broker of such company shall upon proper application refuse to provide insurance on the basis of the specific geographic location of the risk sought to be insured (rather than solely on the basis of the specific geographic location). Provides that making or permitting any unfair discrimination between individuals or risks of the same class or of essentially the same hazard and expense element because of the geographic location of the insurance risks or applicants is an unfair method of competition and unfair and deceptive act or practice in the business of insurance. Effective 60 days after becoming law.


LRB103 27138 BMS 57245 b

 

 

A BILL FOR

 

HB2842LRB103 27138 BMS 57245 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by
5changing Sections 155.22 and 424 and by adding Section 143.13b
6as follows:
 
7    (215 ILCS 5/143.13b new)
8    Sec. 143.13b. Coverage for motor vehicle theft. Any policy
9of automobile insurance that carries comprehensive coverage
10may not exclude theft coverage for lack of evidence of
11forcible entry or for the insured leaving the vehicle unlocked
12or leaving a key or key fob in the motor vehicle.
 
13    (215 ILCS 5/155.22)  (from Ch. 73, par. 767.22)
14    Sec. 155.22. No company authorized to transact in this
15State the kinds of business described in Classes 2 and 3 of
16Section 4, and no officer, director, agent, clerk, employee or
17broker of such company shall upon proper application refuse to
18provide insurance solely on the basis of the specific
19geographic location of the risk sought to be insured unless
20such refusal is for a business purpose which is not a mere
21pretext for unfair discrimination.
22(Source: P.A. 84-1431.)
 

 

 

HB2842- 2 -LRB103 27138 BMS 57245 b

1    (215 ILCS 5/424)  (from Ch. 73, par. 1031)
2    Sec. 424. Unfair methods of competition and unfair or
3deceptive acts or practices defined. The following are hereby
4defined as unfair methods of competition and unfair and
5deceptive acts or practices in the business of insurance:
6        (1) The commission by any person of any one or more of
7    the acts defined or prohibited by Sections 134, 143.24c,
8    147, 148, 149, 151, 155.22, 155.22a, 155.42, 236, 237,
9    364, 469, and 513b1 of this Code.
10        (2) Entering into any agreement to commit, or by any
11    concerted action committing, any act of boycott, coercion
12    or intimidation resulting in or tending to result in
13    unreasonable restraint of, or monopoly in, the business of
14    insurance.
15        (3) Making or permitting, in the case of insurance of
16    the types enumerated in Classes 1, 2, and 3 of Section 4,
17    any unfair discrimination between individuals or risks of
18    the same class or of essentially the same hazard and
19    expense element because of the race, color, religion, or
20    national origin, or geographic location of such insurance
21    risks or applicants. The application of this Article to
22    the types of insurance enumerated in Class 1 of Section 4
23    shall in no way limit, reduce, or impair the protections
24    and remedies already provided for by Sections 236 and 364
25    of this Code or any other provision of this Code.

 

 

HB2842- 3 -LRB103 27138 BMS 57245 b

1        (4) Engaging in any of the acts or practices defined
2    in or prohibited by Sections 154.5 through 154.8 of this
3    Code.
4        (5) Making or charging any rate for insurance against
5    losses arising from the use or ownership of a motor
6    vehicle which requires a higher premium of any person by
7    reason of his physical disability, race, color, religion,
8    or national origin.
9        (6) Failing to meet any requirement of the Unclaimed
10    Life Insurance Benefits Act with such frequency as to
11    constitute a general business practice.
12(Source: P.A. 102-778, eff. 7-1-22.)
 
13    Section 99. Effective date. This Act takes effect 60 days
14after becoming law.