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| | 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 |
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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.
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| | A BILL FOR |
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| | HB2842 | | LRB103 27138 BMS 57245 b |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Insurance Code is amended by |
5 | | changing Sections 155.22 and 424 and by adding Section 143.13b |
6 | | as follows: |
7 | | (215 ILCS 5/143.13b new) |
8 | | Sec. 143.13b. Coverage for motor vehicle theft. Any policy |
9 | | of automobile insurance that carries comprehensive coverage |
10 | | may not exclude theft coverage for lack of evidence of |
11 | | forcible entry or for the insured leaving the vehicle unlocked |
12 | | or leaving a key or key fob in the motor vehicle.
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13 | | (215 ILCS 5/155.22) (from Ch. 73, par. 767.22)
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14 | | Sec. 155.22.
No company authorized to transact in this |
15 | | State the kinds
of business described in Classes 2 and 3 of |
16 | | Section 4, and no officer, director,
agent, clerk, employee or |
17 | | broker of such company shall upon proper application
refuse to |
18 | | provide insurance solely on the basis of
the specific |
19 | | geographic location
of the risk sought to be insured unless
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20 | | such refusal is for a business purpose which is not a mere |
21 | | pretext for
unfair discrimination.
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22 | | (Source: P.A. 84-1431.)
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| | HB2842 | - 2 - | LRB103 27138 BMS 57245 b |
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1 | | (215 ILCS 5/424) (from Ch. 73, par. 1031)
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2 | | Sec. 424. Unfair methods of competition and unfair or |
3 | | deceptive acts or
practices defined. The following are hereby |
4 | | defined as unfair methods of
competition and unfair and |
5 | | deceptive acts or practices in the business of
insurance:
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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.
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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.
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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.
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| | HB2842 | - 3 - | LRB103 27138 BMS 57245 b |
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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.
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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.
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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.)
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13 | | Section 99. Effective date. This Act takes effect 60 days |
14 | | after becoming law.
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