Rep. Maria Antonia Berrios
Filed: 3/25/2011
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1 | AMENDMENT TO HOUSE BILL 3385
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2 | AMENDMENT NO. ______. Amend House Bill 3385 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
5 | adding Section 155.43 and changing Section 424 as follows: | ||||||
6 | (215 ILCS 5/155.43 new) | ||||||
7 | Sec. 155.43. Automobile insurance; denial of coverage to | ||||||
8 | unlicensed drivers. An insurer issuing a policy of automobile | ||||||
9 | liability insurance listing a driver as insured shall not deny | ||||||
10 | coverage to that driver for the sole reason that he or she | ||||||
11 | lacks a valid drivers license, provided that such person was | ||||||
12 | identified on the application for the policy as an unlicensed | ||||||
13 | driver. However, nothing in this Section shall prohibit an | ||||||
14 | insurer from requesting or enforcing a named driver exclusion | ||||||
15 | with respect to an unlicensed driver.
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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 the | ||||||
7 | acts
defined or prohibited by Sections 134, 143.24c, 147, 148, | ||||||
8 | 149, 151, 155.22,
155.22a,
236, 237, 364, and 469 of this Code.
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9 | (2) Entering into any agreement to commit, or by any | ||||||
10 | concerted
action committing, any act of boycott, coercion or | ||||||
11 | intimidation
resulting in or tending to result in unreasonable | ||||||
12 | restraint of, or
monopoly in, the business of insurance.
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13 | (3) Making or permitting, in the case of insurance of the | ||||||
14 | types
enumerated in Classes 1, 2, and 3 of Section 4, any | ||||||
15 | unfair discrimination
between individuals or risks of the same | ||||||
16 | class or of essentially the same
hazard and expense element | ||||||
17 | because of the race, color, religion, or national
origin of | ||||||
18 | such insurance risks or applicants. The application of this | ||||||
19 | Article
to the types of insurance enumerated in Class 1 of | ||||||
20 | Section 4 shall in no way
limit, reduce, or impair the | ||||||
21 | protections and remedies already provided for by
Sections 236 | ||||||
22 | and 364 of this Code or any other provision of this Code.
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23 | (4) Engaging in any of the acts or practices defined in or | ||||||
24 | prohibited by
Sections 154.5 through 154.8 of this Code.
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25 | (5) Making or charging any rate for insurance against | ||||||
26 | losses arising
from the use or ownership of a motor vehicle |
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1 | which requires a higher
premium of any person by reason of his | ||||||
2 | physical handicap, race, color,
religion, or national origin.
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3 | (6) Advertising or otherwise promoting the sale or | ||||||
4 | solicitation of a policy of automobile insurance that includes | ||||||
5 | a statement that a valid driver's license is not required in | ||||||
6 | order to obtain automobile insurance, followed by the denial of | ||||||
7 | coverage based on the lack of a valid driver's license when a | ||||||
8 | claim is made on such policy of automobile insurance. | ||||||
9 | (Source: P.A. 92-399, eff. 8-16-01; 92-651, eff. 7-11-02; | ||||||
10 | 92-669, eff.
1-1-03.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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