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Full Text of HB3385  97th General Assembly


Rep. Maria Antonia Berrios

Filed: 3/14/2011





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2    AMENDMENT NO. ______. Amend House Bill 3385 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Insurance Code is amended by
5adding Section 155.43 and changing Section 424 as follows:
6    (215 ILCS 5/155.43 new)
7    Sec. 155.43. Automobile insurance; denial of coverage to
8unlicensed drivers. An insurer issuing a policy of automobile
9liability insurance listing a driver as insured shall not deny
10coverage to that driver for the sole reason that he or she
11lacks a valid drivers license, provided that such person was
12identified on the application for the policy as an unlicensed
13driver. However, nothing in this Section shall prohibit an
14insurer from requesting or enforcing a named driver exclusion
15with respect to an unlicensed driver.



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1    (215 ILCS 5/424)  (from Ch. 73, par. 1031)
2    Sec. 424. Unfair methods of competition and unfair or
3deceptive acts or practices defined. The following are hereby
4defined as unfair methods of competition and unfair and
5deceptive acts or practices in the business of insurance:
6    (1) The commission by any person of any one or more of the
7acts defined or prohibited by Sections 134, 143.24c, 147, 148,
8149, 151, 155.22, 155.22a, 236, 237, 364, and 469 of this Code.
9    (2) Entering into any agreement to commit, or by any
10concerted action committing, any act of boycott, coercion or
11intimidation resulting in or tending to result in unreasonable
12restraint of, or monopoly in, the business of insurance.
13    (3) Making or permitting, in the case of insurance of the
14types enumerated in Classes 1, 2, and 3 of Section 4, any
15unfair discrimination between individuals or risks of the same
16class or of essentially the same hazard and expense element
17because of the race, color, religion, or national origin of
18such insurance risks or applicants. The application of this
19Article to the types of insurance enumerated in Class 1 of
20Section 4 shall in no way limit, reduce, or impair the
21protections and remedies already provided for by Sections 236
22and 364 of this Code or any other provision of this Code.
23    (4) Engaging in any of the acts or practices defined in or
24prohibited by Sections 154.5 through 154.8 of this Code.
25    (5) Making or charging any rate for insurance against
26losses arising from the use or ownership of a motor vehicle



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1which requires a higher premium of any person by reason of his
2physical handicap, race, color, religion, or national origin.
3    (6) Advertising or otherwise promoting the sale or
4solicitation of a policy of automobile insurance that includes
5a statement that a valid driver's license is not required in
6order to obtain automobile insurance, followed by the denial of
7coverage based on the lack of a valid driver's license when a
8claim is made on such policy of automobile insurance.
9(Source: P.A. 92-399, eff. 8-16-01; 92-651, eff. 7-11-02;
1092-669, eff. 1-1-03.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".