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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_HB0289ham002
LRB9000209JSbdam
1 AMENDMENT TO HOUSE BILL 289
2 AMENDMENT NO. . Amend House Bill 289, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Illinois Insurance Code is amended by
6 changing Section 143a as follows:
7 (215 ILCS 5/143a) (from Ch. 73, par. 755a)
8 Sec. 143a. Uninsured and hit and run motor vehicle
9 coverage.
10 (1) No policy insuring against loss resulting from
11 liability imposed by law for bodily injury or death suffered
12 by any person arising out of the ownership, maintenance or
13 use of a motor vehicle that is designed for use on public
14 highways and that is either required to be registered in this
15 State or is principally garaged in this State shall be
16 renewed, delivered, or issued for delivery in this State
17 unless coverage is provided therein or supplemental thereto,
18 in limits for bodily injury or death set forth in Section
19 7-203 of the Illinois Vehicle Code for the protection of
20 persons insured thereunder who are legally entitled to
21 recover damages from owners or operators of uninsured motor
22 vehicles and hit-and-run motor vehicles because of bodily
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1 injury, sickness or disease, including death, resulting
2 therefrom. Uninsured motor vehicle coverage does not apply to
3 bodily injury, sickness, disease, or death resulting
4 therefrom, of an insured while occupying a motor vehicle
5 owned by, or furnished or available for the regular use of
6 the insured, a resident spouse or resident relative, if that
7 motor vehicle is not described in the policy under which a
8 claim is made or is not a newly acquired or replacement motor
9 vehicle covered under the terms of the policy. The limits
10 for any coverage for any vehicle under the policy may not be
11 aggregated with the limits for any similar coverage, whether
12 provided by the same insurer or another insurer, applying to
13 other motor vehicles, for purposes of determining the total
14 limit of insurance coverage available for bodily injury or
15 death suffered by a person in any one accident. No policy
16 shall be renewed, delivered, or issued for delivery in this
17 State unless it is provided therein that any dispute with
18 respect to the coverage and the amount of damages shall be
19 submitted for arbitration to the American Arbitration
20 Association and be subject to its rules for the conduct of
21 arbitration hearings as to all matters except medical
22 opinions. As to medical opinions, if the amount of damages
23 being sought is equal to or less than the amount provided for
24 in Section 7-203 of the Illinois Vehicle Code, then the
25 current American Arbitration Association Rules shall apply.
26 If the amount being sought in an American Arbitration
27 Association case exceeds that amount as set forth in Section
28 7-203 of the Illinois Vehicle Code, then the Rules of
29 Evidence that apply in the circuit court for placing medical
30 opinions into evidence shall govern. Alternatively, disputes
31 with respect to damages and coverage shall be determined or
32 for determination in the following manner: Upon the insured
33 requesting arbitration, each party to the dispute shall
34 select an arbitrator and the 2 arbitrators so named shall
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1 select a third arbitrator. If such arbitrators are not
2 selected within 45 days from such request, either party may
3 request that the arbitration be submitted to the American
4 Arbitration Association. Any decision made by the arbitrators
5 shall be binding for the amount of damages not exceeding the
6 limits for bodily injury or death set forth in Section 7-203
7 of the Illinois Vehicle Code. All 3-person arbitration cases
8 proceeding in accordance with any uninsured motorist or
9 additional uninsured motorist coverage or underinsured
10 motorist coverage conducted in this State in which the
11 claimant is only seeking monetary damages up to the limits
12 set forth in Section 7-203 of the Illinois Vehicle Code shall
13 be subject to the following rules:
14 (A) If at least 60 days' written notice of the
15 intention to offer the following documents in evidence is
16 given to every other party, accompanied by a copy of the
17 document, a party may offer in evidence, without
18 foundation or other proof:
19 (1) bills, records, and reports of hospitals,
20 doctors, dentists, registered nurses, licensed
21 practical nurses, physical therapists, and other
22 healthcare providers;
23 (2) bills for drugs, medical appliances, and
24 prostheses;
25 (3) property repair bills or estimates, when
26 identified and itemized setting forth the charges
27 for labor and material used or proposed for use in
28 the repair of the property;
29 (4) a report of the rate of earnings and time
30 lost from work or lost compensation prepared by an
31 employer;
32 (5) the written opinion of an opinion witness,
33 the deposition of a witness, and the statement of a
34 witness that the witness would be allowed to express
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1 if testifying in person, if the opinion or statement
2 is made by affidavit or by certification as provided
3 in Section 1-109 of the Code of Civil Procedure;
4 (6) any other document not specifically
5 covered by any of the foregoing provisions that is
6 otherwise admissible under the rules of evidence.
7 Any party receiving a notice under this paragraph
8 (A) may apply to the arbitrator or panel of arbitrators,
9 as the case may be, for the issuance of a subpoena
10 directed to the author or maker or custodian of the
11 document that is the subject of the notice, requiring the
12 person subpoenaed to produce copies of any additional
13 documents as may be related to the subject matter of the
14 document that is the subject of the notice. Any such
15 subpoena shall be issued in substantially similar form
16 and served by notice as provided by Illinois Supreme
17 Court Rule 204(a)(4). Any such subpoena shall be
18 returnable not less than 5 days before the arbitration
19 hearing.
20 (B) Notwithstanding the provisions of Supreme Court
21 Rule 213(g), a party who proposes to use a written
22 opinion of an expert or opinion witness or the testimony
23 of an expert or opinion witness at the hearing may do so
24 provided a written notice of that intention is given to
25 every other party not less than 60 days prior to the date
26 of hearing, accompanied by a statement containing the
27 identity of the witness, his or her qualifications, the
28 subject matter, the basis of the witness's conclusions,
29 and his or her opinion.
30 (C) Any other party may subpoena the author or
31 maker of a document admissible under this subsection, at
32 that party's expense, and examine the author or maker as
33 if under cross-examination. The provisions of Section
34 2-1101 the Code of Civil Procedure shall be applicable to
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1 arbitration hearings, and it shall be the duty of a party
2 requesting the subpoena to modify the form to show that
3 the appearance is set before an arbitration panel and to
4 give the time and place set for the hearing.
5 (D) The provisions of Section 2-1102 of the Code of
6 Civil Procedure shall be applicable to arbitration
7 hearings under this subsection.
8 (2) No policy insuring against loss resulting from
9 liability imposed by law for property damage arising out of
10 the ownership, maintenance, or use of a motor vehicle shall
11 be renewed, delivered, or issued for delivery in this State
12 with respect to any private passenger or recreational motor
13 vehicle that is designed for use on public highways and that
14 is either required to be registered in this State or is
15 principally garaged in this State and is not covered by
16 collision insurance under the provisions of such policy,
17 unless coverage is made available in the amount of the actual
18 cash value of the motor vehicle described in the policy or
19 $15,000 whichever is less, subject to a $250 deductible, for
20 the protection of persons insured thereunder who are legally
21 entitled to recover damages from owners or operators of
22 uninsured motor vehicles and hit-and-run motor vehicles
23 because of property damage to the motor vehicle described in
24 the policy.
25 There shall be no liability imposed under the uninsured
26 motorist property damage coverage required by this subsection
27 if the owner or operator of the at-fault uninsured motor
28 vehicle or hit-and-run motor vehicle cannot be identified.
29 This subsection shall not apply to any policy which does not
30 provide primary motor vehicle liability insurance for
31 liabilities arising from the maintenance, operation, or use
32 of a specifically insured motor vehicle.
33 Each insurance company providing motor vehicle property
34 damage liability insurance shall advise applicants of the
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1 availability of uninsured motor vehicle property damage
2 coverage, the premium therefor, and provide a brief
3 description of the coverage. Each insurer, with respect to
4 the initial renewal, reinstatement, or reissuance of a policy
5 of motor vehicle property damage liability insurance shall
6 provide present policyholders with the same information in
7 writing. That information need be given only once and shall
8 not be required in any subsequent renewal, reinstatement or
9 reissuance, substitute, amended, replacement or supplementary
10 policy. No written rejection shall be required, and the
11 absence of a premium payment for uninsured motor vehicle
12 property damage shall constitute conclusive proof that the
13 applicant or policyholder has elected not to accept uninsured
14 motorist property damage coverage.
15 An insurance company issuing uninsured motor vehicle
16 property damage coverage may provide that:
17 (i) Property damage losses recoverable thereunder
18 shall be limited to damages caused by the actual physical
19 contact of an uninsured motor vehicle with the insured
20 motor vehicle.
21 (ii) There shall be no coverage for loss of use of
22 the insured motor vehicle and no coverage for loss or
23 damage to personal property located in the insured motor
24 vehicle.
25 (iii) Any claim submitted shall include the name
26 and address of the owner of the at-fault uninsured motor
27 vehicle, or a registration number and description of the
28 vehicle, or any other available information to establish
29 that there is no applicable motor vehicle property damage
30 liability insurance.
31 (iv) Any dispute with respect to the coverage and the
32 amount of damages shall be submitted for arbitration to the
33 American Arbitration Association and be subject to its rules
34 for the conduct of arbitration hearings or for determination
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1 in the following manner: Upon the insured requesting
2 arbitration, each party to the dispute shall select an
3 arbitrator and the 2 arbitrators so named shall select a
4 third arbitrator. If such arbitrators are not selected
5 within 45 days from such request, either party may request
6 that the arbitration be submitted to the American Arbitration
7 Association. Any arbitration proceeding under this subsection
8 seeking recovery for property damages shall be subject to the
9 following rules:
10 (A) If at least 60 days' written notice of the
11 intention to offer the following documents in evidence is
12 given to every other party, accompanied by a copy of the
13 document, a party may offer in evidence, without
14 foundation or other proof:
15 (1) property repair bills or estimates, when
16 identified and itemized setting forth the charges
17 for labor and material used or proposed for use in
18 the repair of the property;
19 (2) the written opinion of an opinion witness,
20 the deposition of a witness, and the statement of a
21 witness that the witness would be allowed to express
22 if testifying in person, if the opinion or statement
23 is made by affidavit or by certification as provided
24 in Section 1-109 of the Code of Civil Procedure;
25 (3) any other document not specifically
26 covered by any of the foregoing provisions that is
27 otherwise admissible under the rules of evidence.
28 Any party receiving a notice under this paragraph
29 (A) may apply to the arbitrator or panel of arbitrators,
30 as the case may be, for the issuance of a subpoena
31 directed to the author or maker or custodian of the
32 document that is the subject of the notice, requiring the
33 person subpoenaed to produce copies of any additional
34 documents as may be related to the subject matter of the
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1 document that is the subject of the notice. Any such
2 subpoena shall be issued in substantially similar form
3 and served by notice as provided by Illinois Supreme
4 Court Rule 204(a)(4). Any such subpoena shall be
5 returnable not less than 5 days before the arbitration
6 hearing.
7 (B) Notwithstanding the provisions of Supreme Court
8 Rule 213(g), a party who proposes to use a written
9 opinion of an expert or opinion witness or the testimony
10 of an expert or opinion witness at the hearing may do so
11 provided a written notice of that intention is given to
12 every other party not less than 60 days prior to the date
13 of hearing, accompanied by a statement containing the
14 identity of the witness, his or her qualifications, the
15 subject matter, the basis of the witness's conclusions,
16 and his or her opinion.
17 (C) Any other party may subpoena the author or
18 maker of a document admissible under this subsection, at
19 that party's expense, and examine the author or maker as
20 if under cross-examination. The provisions of Section
21 2-1101 the Code of Civil Procedure shall be applicable to
22 arbitration hearings, and it shall be the duty of a party
23 requesting the subpoena to modify the form to show that
24 the appearance is set before an arbitration panel and to
25 give the time and place set for the hearing.
26 (D) The provisions of Section 2-1102 of the Code of
27 Civil Procedure shall be applicable to arbitration
28 hearings under this subsection.
29 (3) For the purpose of the coverage the term "uninsured
30 motor vehicle" includes, subject to the terms and conditions
31 of the coverage, a motor vehicle where on, before or after
32 the accident date the liability insurer thereof is unable to
33 make payment with respect to the legal liability of its
34 insured within the limits specified in the policy because of
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1 the entry by a court of competent jurisdiction of an order of
2 rehabilitation or liquidation by reason of insolvency on or
3 after the accident date. An insurer's extension of coverage,
4 as provided in this subsection, shall be applicable to all
5 accidents occurring after July 1, 1967 during a policy period
6 in which its insured's uninsured motor vehicle coverage is in
7 effect. Nothing in this Section may be construed to prevent
8 any insurer from extending coverage under terms and
9 conditions more favorable to its insureds than is required by
10 this Section.
11 (4) In the event of payment to any person under the
12 coverage required by this Section and subject to the terms
13 and conditions of the coverage, the insurer making the
14 payment shall, to the extent thereof, be entitled to the
15 proceeds of any settlement or judgment resulting from the
16 exercise of any rights of recovery of the person against any
17 person or organization legally responsible for the property
18 damage, bodily injury or death for which the payment is made,
19 including the proceeds recoverable from the assets of the
20 insolvent insurer. With respect to payments made by reason of
21 the coverage described in subsection (3), the insurer making
22 such payment shall not be entitled to any right of recovery
23 against the tort-feasor in excess of the proceeds recovered
24 from the assets of the insolvent insurer of the tort-feasor.
25 (5) This amendatory Act of 1967 shall not be construed
26 to terminate or reduce any insurance coverage or any right of
27 any party under this Code in effect before July 1, 1967. This
28 amendatory Act of 1990 shall not be construed to terminate or
29 reduce any insurance coverage or any right of any party under
30 this Code in effect before its effective date.
31 (6) Failure of the motorist from whom the claimant is
32 legally entitled to recover damages to file the appropriate
33 forms with the Safety Responsibility Section of the
34 Department of Transportation within 120 days of the accident
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1 date shall create a rebuttable presumption that the motorist
2 was uninsured at the time of the injurious occurrence.
3 (7) An insurance carrier may upon good cause require the
4 insured to commence a legal action against the owner or
5 operator of an uninsured motor vehicle before good faith
6 negotiation with the carrier. If the action is commenced at
7 the request of the insurance carrier, the carrier shall pay
8 to the insured, before the action is commenced, all court
9 costs, jury fees and sheriff's fees arising from the action.
10 The changes made by this amendatory Act of 1997 apply to
11 all policies of insurance amended, delivered, issued, or
12 renewed on and after the effective date of this amendatory
13 Act of 1997.
14 (Source: P.A. 89-206, eff. 7-21-95.)".