State of Illinois
90th General Assembly
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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ]

90_HB2860eng

      215 ILCS 5/155.22b new
          Amends the Illinois  Insurance  Code.   Provides  that  a
      company may not use the fact that an applicant or insured was
      injured  as  a  result  of a battery committed by a spouse or
      person in the same household as the sole basis of  a  rating,
      underwriting,   or   claims   handling  decision.   Effective
      immediately.
                                                     LRB9009861JSmb
HB2860 Engrossed                               LRB9009861JSmb
 1        AN ACT to amend the Illinois  Insurance  Code  by  adding
 2    Section 155.22b.
 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 155.22b as follows:
 7        (215 ILCS 5/155.22b new)
 8        Sec.  155.22b.  Rating, claims handling, and underwriting
 9    decisions.
10        (a)  No company issuing a policy of property and casualty
11    insurance may use the  fact  that  an  applicant  or  insured
12    incurred  bodily  injury  as  a result of a battery committed
13    against him or  her  by  a  spouse  or  person  in  the  same
14    household  as  a  sole  reason for a rating, underwriting, or
15    claims handling decision.
16        (b)   If  a  policy  excludes   property   coverage   for
17    intentional  acts,  the  insurer  may  not deny payment to an
18    innocent co-insured who did not cooperate in or contribute to
19    the creation of the loss if the loss arose out of  a  pattern
20    of criminal domestic violence and the perpetrator of the loss
21    is  criminally  prosecuted  for  the  act  causing  the loss.
22    Payment to the innocent co-insured may be limited to  his  or
23    her  ownership  interest  in  the  property as reduced by any
24    payments to a mortgagor or other secured interest.
25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.

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