SB0954 EngrossedLRB097 04692 HEP 44731 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 1-164.5, 7-203, and 7-317 as follows:
 
6    (625 ILCS 5/1-164.5)
7    Sec. 1-164.5. Proof of financial responsibility. Proof of
8ability to respond in damages for any liability thereafter
9incurred resulting from the ownership, maintenance, use or
10operation of a motor vehicle for bodily injury to or death of
11any person in the amount of $20,000, and subject to this limit
12for any one person injured or killed, in the amount of $40,000
13for bodily injury to or death of 2 or more persons in any one
14accident, and for damage to property in the amount of $15,000
15resulting from any one accident. This proof in these amounts
16shall be furnished for each motor vehicle registered by every
17person required to furnish this proof.
18    In the case of the revocation of a driver's license of any
19person under Section 6-205 of this Code, "proof of financial
20responsibility" means proof of ability to respond in damages
21for any liability thereafter incurred resulting from the
22ownership, maintenance, use or operation of a motor vehicle for
23bodily injury or death of any person in the amount of $50,000,

 

 

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1and subject to this limit for any one person injured or killed,
2in the amount of $100,000 for bodily injury to or death of 2 or
3more persons in any one accident, and for damage to property in
4the amount of $40,000 resulting from any one accident. This
5proof in these amounts shall be furnished for each motor
6vehicle registered by every person required to furnish this
7proof.
8    The changes made by this amendatory Act of the 97th General
9Assembly may be referred to as Devin's Law.
10(Source: P.A. 90-89, eff. 1-1-98.)
 
11    (625 ILCS 5/7-203)  (from Ch. 95 1/2, par. 7-203)
12    Sec. 7-203. Requirements as to policy or bond. No such
13policy or bond referred to in Section 7-202 shall be effective
14under this Section unless issued by an insurance company or
15surety company authorized to do business in this State, except
16that if such motor vehicle was not registered in this State, or
17was a motor vehicle which was registered elsewhere than in this
18State at the effective date of the policy or bond, or the most
19recent renewal thereof, such policy or bond shall not be
20effective under this Section unless the insurance company or
21surety company, if not authorized to do business in this State,
22shall execute a power of attorney authorizing the Secretary of
23State to accept service on its behalf of notice or process in
24any action upon such policy or bond arising out of such motor
25vehicle accident. However, every such policy or bond is

 

 

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1subject, if the motor vehicle accident has resulted in bodily
2injury or death, to a limit, exclusive of interest and costs,
3of not less than $20,000 because of bodily injury to or death
4of any one person in any one motor vehicle accident and,
5subject to said limit for one person, to a limit of not less
6than $40,000 because of bodily injury to or death of 2 or more
7persons in any one motor vehicle accident, and, if the motor
8vehicle accident has resulted in injury to or destruction of
9property, to a limit of not less than $15,000 because of injury
10to or destruction of property of others in any one motor
11vehicle accident. In the case of the revocation of a driver's
12license of any person under Section 6-205 of this Code, every
13such policy or bond is subject, if the motor vehicle accident
14has resulted in bodily injury or death, to a limit, exclusive
15of interest and costs, of not less than $50,000 because of
16bodily injury to or death of any one person in any one motor
17vehicle accident and, subject to said limit for one person, to
18a limit of not less than $100,000 because of bodily injury to
19or death of 2 or more persons in any one motor vehicle
20accident, and, if the motor vehicle accident has resulted in
21injury to or destruction of property, to a limit of not less
22than $40,000 because of injury to or destruction of property of
23others in any one motor vehicle accident.
24    Upon receipt of a written motor vehicle accident report
25from the Administrator the insurance company or surety company
26named in such notice shall notify the Administrator within such

 

 

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1time and in such manner as the Administrator may require, in
2case such policy or bond was not in effect at the time of such
3motor vehicle accident.
4(Source: P.A. 85-730.)
 
5    (625 ILCS 5/7-317)  (from Ch. 95 1/2, par. 7-317)
6    Sec. 7-317. "Motor vehicle liability policy" defined. (a)
7Certification. -A "motor vehicle liability policy", as that
8term is used in this Act, means an "owner's policy" or an
9"operator's policy" of liability insurance, certified as
10provided in Section 7-315 or Section 7-316 as proof of
11financial responsibility for the future, and issued, except as
12otherwise provided in Section 7-316, by an insurance carrier
13duly authorized to transact business in this State, to or for
14the benefit of the person named therein as insured.
15    (b) Owner's Policy. --Such owner's policy of liability
16insurance:
17    1. Shall designate by explicit description or by
18appropriate reference, all motor vehicles with respect to which
19coverage is thereby intended to be granted;
20    2. Shall insure the person named therein and any other
21person using or responsible for the use of such motor vehicle
22or vehicles with the express or implied permission of the
23insured;
24    3. Shall insure every named insured and any other person
25using or responsible for the use of any motor vehicle owned by

 

 

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1the named insured and used by such other person with the
2express or implied permission of the named insured on account
3of the maintenance, use or operation of any motor vehicle owned
4by the named insured, within the continental limits of the
5United States or the Dominion of Canada against loss from
6liability imposed by law arising from such maintenance, use or
7operation, to the extent and aggregate amount, exclusive of
8interest and cost, with respect to each motor vehicle, of
9$20,000 for bodily injury to or death of one person as a result
10of any one accident and, subject to such limit as to one
11person, the amount of $40,000 for bodily injury to or death of
12all persons as a result of any one accident and the amount of
13$15,000 for damage to property of others as a result of any one
14accident, but in the case of the revocation of a driver's
15license of a named insured under Section 6-205 of this Code,
16the policy shall insure against loss from liability imposed by
17law arising from such maintenance, use or operation, to the
18extent and aggregate amount, exclusive of interest and cost,
19with respect to each motor vehicle, of $50,000 for bodily
20injury to or death of one person as a result of any one
21accident and, subject to such limit as to one person, the
22amount of $100,000 for bodily injury to or death of all persons
23as a result of any one accident, and the amount of $40,000 for
24damage to property of others as a result of any one accident.
25    (c) Operator's Policy. --When an operator's policy is
26required, it shall insure the person named therein as insured

 

 

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1against the liability imposed by law upon the insured for
2bodily injury to or death of any person or damage to property
3to the amounts and limits above set forth and growing out of
4the use or operation by the insured within the continental
5limits of the United States or the Dominion of Canada of any
6motor vehicle not owned by him.
7    (d) Required Statements in Policies. --Every motor vehicle
8liability policy must specify the name and address of the
9insured, the coverage afforded by the policy, the premium
10charged therefor, the policy period, and the limits of
11liability, and shall contain an agreement that the insurance
12thereunder is provided in accordance with the coverage defined
13in this Act, as respects bodily injury and death or property
14damage or both, and is subject to all the provisions of this
15Act.
16    (e) Policy Need Not Insure Workers' Compensation. --Any
17liability policy or policies issued hereunder need not cover
18any liability of the insured assumed by or imposed upon the
19insured under any workers' compensation law nor any liability
20for damage to property in charge of the insured or the
21insured's employees.
22    (f) Provisions Incorporated in Policy. --Every motor
23vehicle liability policy is subject to the following provisions
24which need not be contained therein:
25    1. The liability of the insurance carrier under any such
26policy shall become absolute whenever loss or damage covered by

 

 

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1the policy occurs and the satisfaction by the insured of a
2final judgment for such loss or damage shall not be a condition
3precedent to the right or obligation of the carrier to make
4payment on account of such loss or damage.
5    2. No such policy may be cancelled or annulled as respects
6any loss or damage, by any agreement between the carrier and
7the insured after the insured has become responsible for such
8loss or damage, and any such cancellation or annulment shall be
9void.
10    3. The insurance carrier shall, however, have the right to
11settle any claim covered by the policy, and if such settlement
12is made in good faith, the amount thereof shall be deductible
13from the limits of liability specified in the policy.
14    4. The policy, the written application therefor, if any,
15and any rider or endorsement which shall not conflict with the
16provisions of this Act shall constitute the entire contract
17between the parties.
18    (g) Excess or Additional Coverage. --Any motor vehicle
19liability policy may, however, grant any lawful coverage in
20excess of or in addition to the coverage herein specified or
21contain any agreements, provisions, or stipulations not in
22conflict with the provisions of this Act and not otherwise
23contrary to law.
24    (h) Reimbursement Provision Permitted. --The policy may
25provide that the insured, or any other person covered by the
26policy shall reimburse the insurance carrier for payment made

 

 

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1on account of any loss or damage claim or suit involving a
2breach of the terms, provisions or conditions of the policy;
3and further, if the policy shall provide for limits in excess
4of the limits specified in this Act, the insurance carrier may
5plead against any plaintiff, with respect to the amount of such
6excess limits of liability, any defense which it may be
7entitled to plead against the insured.
8    (i) Proration of Insurance Permitted. --The policy may
9provide for the pro-rating of the insurance thereunder with
10other applicable valid and collectible insurance.
11    (j) Binders. --Any binder pending the issuance of any
12policy, which binder contains or by reference includes the
13provisions hereunder shall be sufficient proof of ability to
14respond in damages.
15    (k) Copy of Policy to Be Filed with Department of
16Insurance--Approval. --A copy of the form of every motor
17vehicle liability policy which is to be used to meet the
18requirements of this Act must be filed, by the company offering
19such policy, with the Department of Insurance, which shall
20approve or disapprove the policy within 30 days of its filing.
21If the Department approves the policy in writing within such 30
22day period or fails to take action for 30 days, the form of
23policy shall be deemed approved as filed. If within the 30 days
24the Department disapproves the form of policy filed upon the
25ground that it does not comply with the requirements of this
26Act, the Department shall give written notice of its decision

 

 

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1and its reasons therefor to the carrier and the policy shall
2not be accepted as proof of financial responsibility under this
3Act.
4    (l) Insurance Carrier Required to File Certificate. --An
5insurance carrier who has issued a motor vehicle liability
6policy or policies or an operator's policy meeting the
7requirements of this Act shall, upon the request of the insured
8therein, deliver to the insured for filing, or at the request
9of the insured, shall file direct, with the Secretary of State
10a certificate, as required by this Act, which shows that such
11policy or policies have been issued. No insurance carrier may
12require the payment of any extra fee or surcharge, in addition
13to the insurance premium, for the execution, delivery or filing
14of such certificate.
15    (m) Proof When Made By Endorsement. --Any motor vehicle
16liability policy which by endorsement contains the provisions
17required hereunder shall be sufficient proof of ability to
18respond in damages.
19(Source: P.A. 85-730.)
 
20    Section 99. Effective date. This Act takes effect January
211, 2012.