State of Illinois
90th General Assembly
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90_HB2273

      215 ILCS 5/155.26a new
          Amends  the  Illinois  Insurance  Code.   Provides   that
      coverage  for  damages to a motor vehicle resulting from road
      conditions or hazards incurred upon a public  road  shall  be
      classified as comprehensive coverage damages.  Prohibits rate
      increases based solely upon claims for damages caused by road
      conditions.
                                                     LRB9001195JSmg
                                               LRB9001195JSmg
 1        AN  ACT  to  amend  the Illinois Insurance Code by adding
 2    Section 155.26a.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Insurance  Code is amended by
 6    adding Section 155.26a as follows:
 7        (215 ILCS 5/155.26a new)
 8        Sec.   155.26a.  Vehicle   damage;   classification    of
 9    coverage.
10        (a)  Damage  to  a vehicle including, but not limited to,
11    damage to tires, wheels,  and  suspension  systems  resulting
12    from  road conditions or hazards incurred while operating the
13    vehicle on unrestricted portions of a public  road  shall  be
14    classified  under  comprehensive  coverage  provisions  of  a
15    policy of insurance.  These damages shall be deemed to be not
16    the result of negligence unless it is shown that the operator
17    of  the vehicle had knowledge of and deliberately disregarded
18    road conditions that were clearly unreasonably  dangerous  or
19    hazardous  to  motor  vehicles.  This Section does not affect
20    coverage under a policy of insurance except with  respect  to
21    the classification.
22        (b)  An  insurance company may not increase premium rates
23    for  a  policy  of  automobile  insurance,  as   defined   in
24    subsection  (a) of Section 143.13, solely because the insured
25    has filed a claim subject to the provisions of this Section.

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