093_HB3661sam005











                                     LRB093 09245 LRD 15772 a

 1                    AMENDMENT TO HOUSE BILL 3661

 2        AMENDMENT NO.     .  Amend House Bill 3661,  AS  AMENDED,
 3    in  the  introductory  portion  of  Section  5,  by replacing
 4    "Sections 245.25" with "Sections 143.17a, 245.25"; and

 5    on page 2, after line 7, by inserting the following:

 6        "(215 ILCS 5/143.17a) (from Ch. 73, par. 755.17a)
 7        Sec. 143.17a.  Notice of intention not to renew.
 8        a.  No  company  shall  fail  to  renew  any  policy   of
 9    insurance,  to which Section 143.11 applies, except for those
10    defined in subsections (a), (b),  (c),  and  (h)  of  Section
11    143.13,  unless it shall send by mail to the named insured at
12    least 60 days advance notice of its intention not  to  renew.
13    The company shall maintain proof of mailing of such notice on
14    one  of  the  following forms:  a recognized U.S. Post Office
15    form or a form acceptable to the U.S. Post  Office  or  other
16    commercial  mail  delivery  service.   An exact and unaltered
17    copy of such notice shall  also  be  sent  to  the  insured's
18    broker, if known, or the agent of record and to the mortgagee
19    or  lien  holder  at  the  last  mailing address known by the
20    company. However, where cancellation  is  for  nonpayment  of
21    premium,  the  notice of cancellation must be mailed at least
22    10 days before the effective date of the cancellation.
 
                            -2-      LRB093 09245 LRD 15772 a
 1        b.  This Section  does  not  apply  if  the  company  has
 2    manifested  its  willingness  to  renew directly to the named
 3    insured. Provided, however, that no company may increase  the
 4    renewal  premium  on any policy of insurance to which Section
 5    143.11 applies, except for those defined in subsections  (a),
 6    (b),  (c),  and  (h)  of  Section 143.13, by 30% or more, nor
 7    impose changes in deductibles  or  coverage  that  materially
 8    alter  the  policy,   unless the company shall have mailed or
 9    delivered  to  the  named  insured  written  notice  of  such
10    increase or change in deductible or coverage at least 60 days
11    prior to the renewal or anniversary  date.  The  increase  in
12    premium  shall  be  the  renewal  premium  based on the known
13    exposure as of the date of  the  quotation  compared  to  the
14    premium as of the last day of coverage for the current year's
15    policy, annualized.  The premium on the renewal policy may be
16    subsequently  amended  to  reflect  any change in exposure or
17    reinsurance costs not considered in the quotation.  An  exact
18    and  unaltered  copy of such notice shall also be sent to the
19    insured's broker, if known, or the agent of  record.   If  an
20    insurer   fails  to  provide  the  notice  required  by  this
21    subsection, then the company must extend the  current  policy
22    under  the  same  terms,  conditions, and premium to allow 60
23    days notice of renewal and provide the actual renewal premium
24    quotation and any change in coverage  or  deductible  on  the
25    policy.   Proof  of mailing or proof of receipt may be proven
26    by a sworn affidavit by the  insurer  as  to  the  usual  and
27    customary  business  practices  of mailing notice pursuant to
28    this Section  or  may  be  proven  consistent  with  Illinois
29    Supreme  Court Rule 236.  The company shall maintain proof of
30    mailing or proof of receipt whichever is required.
31        c.  Should a company fail to comply with the  non-renewal
32    notice  requirements  of  subsection  a.,  this  Section, the
33    policy shall be extended for an additional  year  the  policy
34    shall  terminate  only as provided in this subsection. In the
 
                            -3-      LRB093 09245 LRD 15772 a
 1    event notice is provided at least 31 days, but less  than  60
 2    days  prior  to expiration of the policy, the policy shall be
 3    extended for a period of 60 days or until the effective  date
 4    of  any  similar insurance procured by the insured, whichever
 5    is less, on the same  terms  and  conditions  as  the  policy
 6    sought  to  be  terminated.   In the event notice is provided
 7    less than 31 days prior to the expiration of the policy,  the
 8    policy  shall  be  extended for a period of one year or until
 9    the effective date of any similar insurance procured  by  the
10    insured,  whichever is less, on the same terms and conditions
11    as the policy sought to be terminated, unless the insurer has
12    manifested its intention to renew at a different premium that
13    represents an increase not exceeding 30% unless  the  insurer
14    has  manifested  its  willingness to renew at a premium which
15    represents an increase not exceeding  30%.  The  premium  for
16    coverage  shall  be prorated in accordance with the amount of
17    the last year's premium, and the company shall be entitled to
18    this premium for the extension of coverage and such extension
19    may be contingent upon the payment of such premium.
20        d.  Renewal of a policy does not constitute a  waiver  or
21    estoppel  with  respect  to  grounds  for  cancellation which
22    existed before the effective date of such renewal.
23        e.  In all notices of intention not to renew  any  policy
24    of  insurance, as defined in Section 143.11 the company shall
25    provide a specific explanation of the reasons for nonrenewal.
26    (Source: P.A. 89-669, eff. 1-1-97.)"; and

27    after the end of Section 15, by inserting the following:

28        "Section  99.  Effective  date.   This  Section  and  the
29    portion of Section 5 amending Section 143.17a of the Illinois
30    Insurance Code take effect upon becoming law and the rest  of
31    this  Act takes effect on the uniform effective date provided
32    by law.".