Public Act 093-0218
Public Act 93-0218 of the 93rd General Assembly
Public Act 93-0218
SB741 Enrolled LRB093 03236 JLS 03253 b
AN ACT relating to insurance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Insurance Code is amended by
adding Section 155.39 as follows:
(215 ILCS 5/155.39 new)
Sec. 155.39. Vehicle protection products.
(a) As used in this Section:
"Administrator" means a third party other than the
warrantor who is designated by the warrantor to be
responsible for the administration of vehicle protection
product warranties.
"Incidental costs" means expenses specified in the
vehicle protection product warranty incurred by the warranty
holder related to the failure of the vehicle protection
product to perform as provided in the warranty. Incidental
costs may include, without limitation, insurance policy
deductibles, rental vehicle charges, the difference between
the actual value of the stolen vehicle at the time of theft
and the cost of a replacement vehicle, sales taxes,
registration fees, transaction fees, and mechanical
inspection fees.
"Vehicle protection product" means a vehicle protection
device, system, or service that is (i) installed on or
applied to a vehicle, (ii) is designed to prevent loss or
damage to a vehicle from a specific cause, (iii) includes a
written warranty by a warrantor that provides if the vehicle
protection product fails to prevent loss or damage to a
vehicle from a specific cause, that the warranty holder shall
be paid specified incidental costs by the warrantor as a
result of the failure of the vehicle protection product to
perform pursuant to the terms of the warranty, and (iv) the
warrantor's liability is covered by a warranty reimbursement
insurance policy. The term "vehicle protection product" shall
include, without limitation, alarm systems, body part marking
products, steering locks, window etch products, pedal and
ignition locks, fuel and ignition kill switches, and
electronic, radio, and satellite tracking devices.
"Vehicle protection product warrantor" or "warrantor"
means a person who is contractually obligated to the warranty
holder under the terms of the vehicle protection product.
Warrantor does not include an authorized insurer.
"Warranty reimbursement insurance policy" means a policy
of insurance issued to the vehicle protection product
warrantor to pay on behalf of the warrantor all covered
contractual obligations incurred by the warrantor under the
terms and conditions of the insured vehicle protection
product warranties sold by the warrantor. The warranty
reimbursement insurance policy shall be issued by an insurer
authorized to do business in this State that has filed its
policy form with the Department.
(b) No vehicle protection product sold or offered for
sale in this State shall be subject to the provisions of this
Code. Vehicle protection product warrantors and related
vehicle protection product sellers and warranty
administrators complying with this Section are not required
to comply with and are not subject to any other provision of
this Code. The vehicle protection products' written
warranties are express warranties and not insurance.
(c) This Section applies to all vehicle protection
products sold or offered for sale prior to, on, or after the
effective date of this amendatory Act of the 93rd General
Assembly. The enactment of this Section does not imply that
vehicle protection products should have been subject to
regulation under this Code prior to the enactment of this
Section.
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 7/18/2003
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