Full Text of HB2715 100th General Assembly
HB2715 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2715 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| 215 ILCS 5/143a | from Ch. 73, par. 755a | 735 ILCS 5/2-1102 rep. | |
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Amends the Civil Practice Article of the Code of Civil Procedure. Repeals a Section providing that a party, a person for whose immediate benefit an action is prosecuted or defended, or the officers, directors, managing agents, or foreman of a party to an action may be called and examined as if under cross-examination at the instance of an adverse party. Makes a corresponding change in the Illinois Insurance Code.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Insurance Code is amended by | 5 | | changing Section 143a as follows:
| 6 | | (215 ILCS 5/143a) (from Ch. 73, par. 755a)
| 7 | | Sec. 143a. Uninsured and hit and run motor vehicle | 8 | | coverage.
| 9 | | (1) No policy insuring against
loss resulting from | 10 | | liability imposed by law for bodily injury or death
suffered by | 11 | | any person arising out of the ownership, maintenance or use
of | 12 | | a motor vehicle that is designed for use on public highways and | 13 | | that
is either required to be registered in this State or is | 14 | | principally garaged
in this State shall be renewed, delivered, | 15 | | or issued for delivery
in this State unless coverage is | 16 | | provided therein or
supplemental thereto, in limits for bodily | 17 | | injury or death set forth in
Section 7-203 of the Illinois | 18 | | Vehicle Code for the
protection of persons insured thereunder | 19 | | who are legally entitled to
recover damages from owners or | 20 | | operators of uninsured motor vehicles and
hit-and-run motor | 21 | | vehicles because of bodily injury, sickness or
disease, | 22 | | including death, resulting therefrom. Uninsured motor vehicle
| 23 | | coverage does not apply to bodily injury, sickness, disease, or |
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| 1 | | death resulting
therefrom, of an insured while occupying a | 2 | | motor vehicle owned by, or furnished
or available for the | 3 | | regular use of the insured, a resident spouse or resident
| 4 | | relative, if that motor vehicle is not described in the policy | 5 | | under which a
claim is made or is not a newly acquired or | 6 | | replacement motor vehicle covered
under the terms of the | 7 | | policy. The limits for any coverage for any vehicle
under the | 8 | | policy may not be aggregated with the limits for any similar
| 9 | | coverage, whether provided by the same insurer or another | 10 | | insurer, applying to
other motor vehicles, for purposes of | 11 | | determining the total limit of insurance
coverage available for | 12 | | bodily injury or death suffered by a person in any one
| 13 | | accident. No
policy shall be renewed, delivered, or issued for | 14 | | delivery in this
State unless it is provided therein that any | 15 | | dispute
with respect to the coverage and the amount of damages | 16 | | shall be submitted
for arbitration to the
American Arbitration | 17 | | Association and be subject to its rules for the conduct
of | 18 | | arbitration hearings
as to all matters except medical opinions. | 19 | | As to medical opinions, if the
amount of damages being sought | 20 | | is equal to or less than the amount provided for
in Section | 21 | | 7-203 of the Illinois Vehicle Code, then the current American
| 22 | | Arbitration Association Rules shall apply. If the amount being | 23 | | sought in an
American Arbitration Association case exceeds that | 24 | | amount as set forth in
Section 7-203 of the Illinois Vehicle | 25 | | Code, then the Rules of Evidence that
apply in the circuit | 26 | | court for placing medical opinions into evidence shall
govern. |
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| 1 | | Alternatively, disputes with respect to damages and the | 2 | | coverage shall
be
determined in the
following
manner: Upon the | 3 | | insured requesting arbitration, each party to the
dispute shall | 4 | | select an arbitrator and the 2 arbitrators so named
shall | 5 | | select a third arbitrator. If such arbitrators are not selected
| 6 | | within 45 days from such request, either party may request that | 7 | | the
arbitration be submitted to the American Arbitration | 8 | | Association.
Any decision made by the arbitrators shall be | 9 | | binding for the amount of
damages not exceeding $75,000 for | 10 | | bodily injury to or
death of any one person, $150,000 for | 11 | | bodily injury to or death of 2 or more
persons in any one motor | 12 | | vehicle accident,
or the corresponding policy limits for bodily | 13 | | injury or death, whichever is
less.
All 3-person arbitration | 14 | | cases proceeding in accordance with any uninsured
motorist
| 15 | | coverage conducted in this State in
which the claimant is only | 16 | | seeking monetary damages up to the limits
set forth in Section | 17 | | 7-203 of the Illinois Vehicle Code
shall be subject to the | 18 | | following rules:
| 19 | | (A) If at least 60 days' written
notice of the | 20 | | intention to offer the following documents in evidence is | 21 | | given
to every other party, accompanied by a copy of the | 22 | | document, a party may offer
in evidence, without foundation | 23 | | or other proof:
| 24 | | (1) bills, records, and reports of hospitals, | 25 | | doctors, dentists,
registered nurses, licensed | 26 | | practical nurses, physical therapists, and other
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| 1 | | healthcare providers;
| 2 | | (2) bills for drugs, medical appliances, and | 3 | | prostheses;
| 4 | | (3) property repair bills or estimates, when | 5 | | identified and itemized
setting forth the charges for | 6 | | labor and material used or proposed for use in
the | 7 | | repair of the property;
| 8 | | (4) a report of the rate of earnings and time lost | 9 | | from work or lost
compensation prepared by an employer;
| 10 | | (5) the written opinion of an opinion witness, the | 11 | | deposition of a
witness, and the statement of a witness | 12 | | that the witness would be allowed to
express if | 13 | | testifying in person, if the opinion or statement is | 14 | | made by
affidavit or by
certification as provided in | 15 | | Section 1-109 of the Code of Civil Procedure;
| 16 | | (6) any other document not specifically covered by | 17 | | any of the foregoing
provisions that is otherwise | 18 | | admissible under the rules of evidence.
| 19 | | Any party receiving a notice under this paragraph (A) | 20 | | may apply to the
arbitrator or panel of arbitrators, as the | 21 | | case may be, for the issuance of a
subpoena directed to the | 22 | | author or maker or custodian of the document that is
the | 23 | | subject of the notice, requiring the person subpoenaed to | 24 | | produce copies of
any additional documents as may be | 25 | | related to the subject matter of the
document that is the | 26 | | subject of the notice. Any such subpoena shall be issued
in |
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| 1 | | substantially similar form and served by notice as provided | 2 | | by Illinois
Supreme Court Rule 204(a)(4). Any such subpoena | 3 | | shall be returnable not
less than 5 days before the | 4 | | arbitration hearing.
| 5 | | (B) Notwithstanding the provisions of Supreme Court | 6 | | Rule 213(g), a party
who proposes to use a written opinion | 7 | | of an expert or opinion witness or the
testimony of
an | 8 | | expert or opinion witness at the hearing may do so provided | 9 | | a written notice
of that
intention is given to every other | 10 | | party not less than 60 days prior to the date
of hearing, | 11 | | accompanied by a statement containing the identity of the
| 12 | | witness, his or her qualifications, the subject matter, the | 13 | | basis of the
witness's conclusions,
and his or her opinion.
| 14 | | (C) Any other party may subpoena the author or maker of | 15 | | a document
admissible under this subsection, at that | 16 | | party's expense, and examine the
author
or maker as if | 17 | | under cross-examination. The provisions of Section 2-1101 | 18 | | of
the
Code of Civil Procedure shall be applicable to | 19 | | arbitration hearings, and it
shall be the duty of a party | 20 | | requesting the subpoena to modify the form to show
that the | 21 | | appearance is set before an arbitration panel and to give | 22 | | the time and
place set for the hearing.
| 23 | | (D) (Blank) The provisions of Section 2-1102 of the | 24 | | Code of Civil Procedure shall
be
applicable to arbitration | 25 | | hearings under this subsection .
| 26 | | (2) No policy insuring
against loss resulting from |
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| 1 | | liability imposed by law for property damage
arising out of the | 2 | | ownership, maintenance, or use of a motor vehicle shall
be | 3 | | renewed, delivered, or issued for delivery in this State with | 4 | | respect
to any private passenger or recreational motor vehicle | 5 | | that is
designed for use on public highways and that is either | 6 | | required to be
registered in this State or is principally | 7 | | garaged in this State and
is not covered by collision insurance | 8 | | under the provisions of such
policy, unless coverage is made | 9 | | available in the amount of the actual
cash value of the motor | 10 | | vehicle described in the policy or $15,000
whichever is less, | 11 | | subject to a $250 deductible, for the protection of
persons | 12 | | insured thereunder who are legally entitled to recover damages | 13 | | from
owners or operators of uninsured motor vehicles and | 14 | | hit-and-run motor
vehicles because of property damage to the | 15 | | motor vehicle described in the
policy.
| 16 | | There shall be no liability imposed under the uninsured | 17 | | motorist
property damage coverage required by this subsection | 18 | | if the owner or
operator of the at-fault uninsured motor | 19 | | vehicle or hit-and-run motor
vehicle cannot be identified. This | 20 | | subsection shall not apply to any
policy which does not provide | 21 | | primary motor vehicle liability insurance for
liabilities | 22 | | arising from the maintenance, operation, or use of a
| 23 | | specifically insured motor vehicle.
| 24 | | Each insurance company providing motor vehicle property | 25 | | damage liability
insurance shall advise applicants of the | 26 | | availability of uninsured motor
vehicle property damage |
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| 1 | | coverage, the premium therefor, and provide a brief
description | 2 | | of the coverage. That information
need be given only once and | 3 | | shall not be required in any subsequent renewal,
reinstatement | 4 | | or reissuance, substitute, amended, replacement or
| 5 | | supplementary policy. No written rejection shall be required, | 6 | | and
the absence of a premium payment for uninsured motor | 7 | | vehicle property damage
shall constitute conclusive proof that | 8 | | the applicant or policyholder has
elected not to accept | 9 | | uninsured motorist property damage coverage.
| 10 | | An insurance company issuing uninsured motor vehicle
| 11 | | property damage coverage may provide that:
| 12 | | (i) Property damage losses recoverable thereunder | 13 | | shall be limited to
damages caused by the actual physical | 14 | | contact of an uninsured motor vehicle
with the insured | 15 | | motor vehicle.
| 16 | | (ii) There shall be no coverage for loss of use of the | 17 | | insured motor
vehicle and no coverage for loss or damage to | 18 | | personal property located in
the insured motor vehicle.
| 19 | | (iii) Any claim submitted shall include the name and | 20 | | address of the
owner of the at-fault uninsured motor | 21 | | vehicle, or a registration number and
description of the | 22 | | vehicle, or any other available information to
establish | 23 | | that there is no applicable motor vehicle property damage | 24 | | liability
insurance.
| 25 | | Any dispute with respect to the coverage and the amount of
| 26 | | damages shall be submitted for
arbitration to the American |
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| 1 | | Arbitration Association and be subject to its
rules for the | 2 | | conduct of arbitration hearings or for determination in
the | 3 | | following manner: Upon the insured requesting arbitration, | 4 | | each party
to the dispute shall select an arbitrator and the 2 | 5 | | arbitrators so named
shall select a third arbitrator. If such | 6 | | arbitrators are not selected
within 45 days from such request, | 7 | | either party may request that the
arbitration be submitted to | 8 | | the American Arbitration Association.
Any arbitration | 9 | | proceeding under this subsection seeking recovery for
property | 10 | | damages shall be
subject to the following rules:
| 11 | | (A) If at least 60 days' written
notice of the | 12 | | intention to offer the following documents in evidence is | 13 | | given
to every other party, accompanied by a copy of the | 14 | | document, a party may offer
in evidence, without foundation | 15 | | or other proof:
| 16 | | (1) property repair bills or estimates, when | 17 | | identified and itemized
setting forth the charges for | 18 | | labor and material used or proposed for use in
the | 19 | | repair of the property;
| 20 | | (2) the written opinion of an opinion witness, the | 21 | | deposition of a
witness, and the statement of a witness | 22 | | that the witness would be allowed to
express if | 23 | | testifying in person, if the opinion or statement is | 24 | | made by
affidavit or by
certification as provided in | 25 | | Section 1-109 of the Code of Civil Procedure;
| 26 | | (3) any other document not specifically covered by |
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| 1 | | any of the foregoing
provisions that is otherwise | 2 | | admissible under the rules of evidence.
| 3 | | Any party receiving a notice under this paragraph (A) | 4 | | may apply to the
arbitrator or panel of arbitrators, as the | 5 | | case may be, for the issuance of a
subpoena directed to the | 6 | | author or maker or custodian of the document that is
the | 7 | | subject of the notice, requiring the person subpoenaed to | 8 | | produce copies of
any additional documents as may be | 9 | | related to the subject matter of the
document that is the | 10 | | subject of the notice. Any such subpoena shall be issued
in | 11 | | substantially similar form and served by notice as provided | 12 | | by Illinois
Supreme Court Rule 204(a)(4). Any such subpoena | 13 | | shall be returnable not
less than 5 days before the | 14 | | arbitration hearing.
| 15 | | (B) Notwithstanding the provisions of Supreme Court | 16 | | Rule 213(g), a party
who proposes to use a written opinion | 17 | | of an expert or opinion witness or the
testimony of
an | 18 | | expert or opinion witness at the hearing may do so provided | 19 | | a written notice
of that
intention is given to every other | 20 | | party not less than 60 days prior to the date
of hearing, | 21 | | accompanied by a statement containing the identity of the
| 22 | | witness, his or her qualifications, the subject matter, the | 23 | | basis of the
witness's conclusions,
and his or her opinion.
| 24 | | (C) Any other party may subpoena the author or maker of | 25 | | a document
admissible under this subsection, at that | 26 | | party's expense, and examine the
author
or maker as if |
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| 1 | | under cross-examination. The provisions of Section 2-1101 | 2 | | of
the
Code of Civil Procedure shall be applicable to | 3 | | arbitration hearings, and it
shall be the duty of a party | 4 | | requesting the subpoena to modify the form to show
that the | 5 | | appearance is set before an arbitration panel and to give | 6 | | the time and
place set for the hearing.
| 7 | | (D) (Blank) The provisions of Section 2-1102 of the | 8 | | Code of Civil Procedure shall
be
applicable to arbitration | 9 | | hearings under this subsection .
| 10 | | (3) For the purpose of the coverage, the term "uninsured | 11 | | motor
vehicle" includes, subject to the terms and conditions of | 12 | | the coverage,
a motor vehicle where on, before or after the | 13 | | accident date the
liability insurer thereof is unable to make | 14 | | payment with respect to the
legal liability of its insured | 15 | | within the limits specified in the policy
because of the entry | 16 | | by a court of competent jurisdiction of an order of
| 17 | | rehabilitation or liquidation by reason of insolvency on or | 18 | | after the
accident date. An insurer's extension of coverage, as | 19 | | provided in this
subsection, shall be applicable to all | 20 | | accidents occurring after July
1, 1967 during a policy period | 21 | | in which its insured's uninsured motor
vehicle coverage is in | 22 | | effect. Nothing in this Section may be construed
to prevent any | 23 | | insurer from extending coverage under terms and
conditions more | 24 | | favorable to its insureds than is required by this Section.
| 25 | | (4) In the event of payment to any person under the | 26 | | coverage
required by this Section and subject to the terms and |
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| 1 | | conditions of the
coverage, the insurer making the payment | 2 | | shall, to the extent thereof,
be entitled to the proceeds of | 3 | | any settlement or judgment resulting from
the exercise of any | 4 | | rights of recovery of the person against any person
or | 5 | | organization legally responsible for the property damage, | 6 | | bodily
injury or death for which the payment is made, including | 7 | | the proceeds
recoverable from the assets of the insolvent | 8 | | insurer. With respect to
payments made by reason of the | 9 | | coverage described in subsection (3), the
insurer making such | 10 | | payment shall not be entitled to any right of recovery
against | 11 | | the tortfeasor in excess of the proceeds recovered from the | 12 | | assets
of the insolvent insurer of the tortfeasor.
| 13 | | (5) This amendatory Act of 1967 (Laws of Illinois 1967, | 14 | | page 875) shall not be construed to terminate
or reduce any | 15 | | insurance coverage or any right of any party under this
Code in | 16 | | effect before July 1, 1967. Public Act 86-1155 shall not
be | 17 | | construed to terminate or reduce any insurance coverage or any | 18 | | right of
any party under this Code in effect before its | 19 | | effective date.
| 20 | | (6) Failure of the motorist from whom the claimant is | 21 | | legally
entitled to recover damages to file the appropriate | 22 | | forms with the
Safety Responsibility Section of the Department | 23 | | of Transportation within
120 days of the accident date shall | 24 | | create a rebuttable presumption that
the motorist was uninsured | 25 | | at the time of the injurious occurrence.
| 26 | | (7) An insurance carrier may upon good cause require the
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| 1 | | insured to commence a legal action against the owner or | 2 | | operator of an
uninsured motor vehicle before good faith | 3 | | negotiation with the carrier. If
the action is commenced at the | 4 | | request of the insurance carrier, the
carrier shall pay to the | 5 | | insured, before the action is commenced, all court
costs, jury | 6 | | fees and sheriff's fees arising from the action.
| 7 | | The changes made by Public Act 90-451 apply to all policies | 8 | | of
insurance amended, delivered, issued, or renewed on and | 9 | | after January 1, 1998 (the effective
date of Public Act | 10 | | 90-451).
| 11 | | (8) The changes made by Public Act 98-927 apply to all | 12 | | policies of
insurance amended, delivered, issued, or renewed on | 13 | | and after January 1, 2015 (the effective
date of Public Act | 14 | | 98-927). | 15 | | (Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; 99-642, | 16 | | eff. 7-28-16.)
| 17 | | (735 ILCS 5/2-1102 rep.)
| 18 | | Section 10. The Code of Civil Procedure is amended by | 19 | | repealing Section 2-1102.
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