Rep. Maria Antonia Berrios
Filed: 3/30/2009
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| 1 | AMENDMENT TO HOUSE BILL 2238
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| 2 | AMENDMENT NO. ______. Amend House Bill 2238, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The Illinois Insurance Code is amended by | ||||||
| 6 | changing Section 424 as follows:
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| 7 | (215 ILCS 5/424) (from Ch. 73, par. 1031)
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| 8 | Sec. 424.
Unfair methods of competition and unfair or | ||||||
| 9 | deceptive acts or
practices defined. The following are hereby | ||||||
| 10 | defined as unfair methods of
competition and unfair and | ||||||
| 11 | deceptive acts or practices in the business of
insurance:
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| 12 | (1) The commission by any person of any one or more of the | ||||||
| 13 | acts
defined or prohibited by Sections 134, 143.24c, 147, 148, | ||||||
| 14 | 149, 151, 155.22,
155.22a,
236, 237, 364, and 469 of this Code.
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| 15 | (2) Entering into any agreement to commit, or by any | ||||||
| 16 | concerted
action committing, any act of boycott, coercion or | ||||||
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| 1 | intimidation
resulting in or tending to result in unreasonable | ||||||
| 2 | restraint of, or
monopoly in, the business of insurance.
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| 3 | (3) Making or permitting, in the case of insurance of the | ||||||
| 4 | types
enumerated in Classes 1, 2, and 3 of Section 4, any | ||||||
| 5 | unfair discrimination
between individuals or risks of the same | ||||||
| 6 | class or of essentially the same
hazard and expense element | ||||||
| 7 | because of the race, color, religion, or national
origin of | ||||||
| 8 | such insurance risks or applicants. The application of this | ||||||
| 9 | Article
to the types of insurance enumerated in Class 1 of | ||||||
| 10 | Section 4 shall in no way
limit, reduce, or impair the | ||||||
| 11 | protections and remedies already provided for by
Sections 236 | ||||||
| 12 | and 364 of this Code or any other provision of this Code.
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| 13 | (4) Engaging in any of the acts or practices defined in or | ||||||
| 14 | prohibited by
Sections 154.5 through 154.8 of this Code.
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| 15 | (5) Making or charging any rate for insurance against | ||||||
| 16 | losses arising
from the use or ownership of a motor vehicle | ||||||
| 17 | which requires a higher
premium of any person by reason of his | ||||||
| 18 | physical handicap, race, color,
religion, or national origin.
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| 19 | (6) Advertising or otherwise promoting the sale or | ||||||
| 20 | solicitation of a policy of automobile insurance that includes | ||||||
| 21 | a statement that a valid driver's license is not required in | ||||||
| 22 | order to obtain automobile insurance, followed by the denial of | ||||||
| 23 | coverage based on the lack of a valid driver's license when a | ||||||
| 24 | claim is made on such policy of automobile insurance. | ||||||
| 25 | (Source: P.A. 92-399, eff. 8-16-01; 92-651, eff. 7-11-02; | ||||||
| 26 | 92-669, eff.
1-1-03.)".
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