(215 ILCS 5/357.19) (from Ch. 73, par. 969.19)
Sec. 357.19.
"INSURANCE WITH OTHER COMPANIES:
If there be other valid
coverage, not with this company, providing benefits for the same loss on
other than an expense incurred basis and of which this company has not
been given written notice prior to the occurrence or commencement of
loss, the only liability for such benefits under this policy shall be
for such proportion of the indemnities otherwise provided hereunder for
such loss as the like indemnities of which the company had notice
(including the indemnities under this policy) bear to the total amount
of all like indemnities for such loss, and for the return of such
portion of the premium paid as shall exceed the pro-rata portion for the
indemnities thus determined."
(If the foregoing policy provision is included in a policy which also
contains the next preceding policy provision there shall be added to the
caption of the foregoing provision the phrase "--OTHER BENEFITS". The
company may, at its option, include in this provision a definition of
"other valid coverage", approved as to form by the Director, which
definition shall be limited in subject matter to coverage provided by
organizations subject to regulation by insurance law or by insurance
authorities of this or any other state of the United States or any
province of Canada, and to any other coverage the inclusion of which may
be approved by the Director. In the absence of such definition such term
does not include group insurance, or benefits provided by union welfare
plans or by employer or employee benefit organizations. For the purpose
of applying the foregoing policy provision with respect to any insured,
any amount of benefit provided for such insured pursuant to any
compulsory benefit statute (including any workers' compensation or
employer's liability statute) whether provided by a governmental agency
or otherwise is "other valid coverage" of which the company has had
notice. In applying the foregoing policy provision no third party liability
coverage shall be included as "other valid coverage".)
(Source: P.A. 91-357, eff. 7-29-99.)
|