Public Act 90-0700 of the 90th General Assembly

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Public Act 90-0700

HB2860 Enrolled                                LRB9009861JSmb

    AN ACT to amend the Illinois  Insurance  Code  by  adding
Section 155.22b.

    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 155.22b as follows:

    (215 ILCS 5/155.22b new)
    Sec.  155.22b.  Rating, claims handling, and underwriting
    (a)  No company issuing a policy of property and casualty
insurance may use the  fact  that  an  applicant  or  insured
incurred  bodily  injury  as  a result of a battery committed
against him or  her  by  a  spouse  or  person  in  the  same
household  as  a  sole  reason for a rating, underwriting, or
claims handling decision.
    (b)   If  a  policy  excludes   property   coverage   for
intentional  acts,  the  insurer  may  not deny payment to an
innocent co-insured who did not cooperate in or contribute to
the creation of the loss if the loss arose out of  a  pattern
of criminal domestic violence and the perpetrator of the loss
is  criminally  prosecuted  for  the  act  causing  the loss.
Payment to the innocent co-insured may be limited to  his  or
her  ownership  interest  in  the  property as reduced by any
payments to a mortgagor or other secured interest.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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