Sen. John M. Sullivan

Filed: 4/7/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 954

2    AMENDMENT NO. ______. Amend Senate Bill 954 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 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

 

 

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1person required to furnish this proof.
2    In the case of the revocation of a driver's license of any
3person under Section 6-205 of this Code, "proof of financial
4responsibility" means proof of ability to respond in damages
5for any liability thereafter incurred resulting from the
6ownership, maintenance, use or operation of a motor vehicle for
7bodily injury or death of any person in the amount of $50,000,
8and subject to this limit for any one person injured or killed,
9in the amount of $100,000 for bodily injury to or death of 2 or
10more persons in any one accident, and for damage to property in
11the amount of $40,000 resulting from any one accident. This
12proof in these amounts shall be furnished for each motor
13vehicle registered by every person required to furnish this
14proof.
15    The changes made by this amendatory Act of the 97th General
16Assembly may be referred to as Devin's Law.
17(Source: P.A. 90-89, eff. 1-1-98.)
 
18    (625 ILCS 5/7-203)  (from Ch. 95 1/2, par. 7-203)
19    Sec. 7-203. Requirements as to policy or bond. No such
20policy or bond referred to in Section 7-202 shall be effective
21under this Section unless issued by an insurance company or
22surety company authorized to do business in this State, except
23that if such motor vehicle was not registered in this State, or
24was a motor vehicle which was registered elsewhere than in this
25State at the effective date of the policy or bond, or the most

 

 

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1recent renewal thereof, such policy or bond shall not be
2effective under this Section unless the insurance company or
3surety company, if not authorized to do business in this State,
4shall execute a power of attorney authorizing the Secretary of
5State to accept service on its behalf of notice or process in
6any action upon such policy or bond arising out of such motor
7vehicle accident. However, every such policy or bond is
8subject, if the motor vehicle accident has resulted in bodily
9injury or death, to a limit, exclusive of interest and costs,
10of not less than $20,000 because of bodily injury to or death
11of any one person in any one motor vehicle accident and,
12subject to said limit for one person, to a limit of not less
13than $40,000 because of bodily injury to or death of 2 or more
14persons in any one motor vehicle accident, and, if the motor
15vehicle accident has resulted in injury to or destruction of
16property, to a limit of not less than $15,000 because of injury
17to or destruction of property of others in any one motor
18vehicle accident. In the case of the revocation of a driver's
19license of any person under Section 6-205 of this Code, every
20such policy or bond is subject, if the motor vehicle accident
21has resulted in bodily injury or death, to a limit, exclusive
22of interest and costs, of not less than $50,000 because of
23bodily injury to or death of any one person in any one motor
24vehicle accident and, subject to said limit for one person, to
25a limit of not less than $100,000 because of bodily injury to
26or death of 2 or more persons in any one motor vehicle

 

 

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1accident, and, if the motor vehicle accident has resulted in
2injury to or destruction of property, to a limit of not less
3than $40,000 because of injury to or destruction of property of
4others in any one motor vehicle accident.
5    Upon receipt of a written motor vehicle accident report
6from the Administrator the insurance company or surety company
7named in such notice shall notify the Administrator within such
8time and in such manner as the Administrator may require, in
9case such policy or bond was not in effect at the time of such
10motor vehicle accident.
11(Source: P.A. 85-730.)
 
12    (625 ILCS 5/7-317)  (from Ch. 95 1/2, par. 7-317)
13    Sec. 7-317. "Motor vehicle liability policy" defined. (a)
14Certification. -A "motor vehicle liability policy", as that
15term is used in this Act, means an "owner's policy" or an
16"operator's policy" of liability insurance, certified as
17provided in Section 7-315 or Section 7-316 as proof of
18financial responsibility for the future, and issued, except as
19otherwise provided in Section 7-316, by an insurance carrier
20duly authorized to transact business in this State, to or for
21the benefit of the person named therein as insured.
22    (b) Owner's Policy. --Such owner's policy of liability
23insurance:
24    1. Shall designate by explicit description or by
25appropriate reference, all motor vehicles with respect to which

 

 

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

 

 

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1injury to or death of one person as a result of any one
2accident and, subject to such limit as to one person, the
3amount of $100,000 for bodily injury to or death of all persons
4as a result of any one accident, and the amount of $40,000 for
5damage to property of others as a result of any one accident.
6    (c) Operator's Policy. --When an operator's policy is
7required, it shall insure the person named therein as insured
8against the liability imposed by law upon the insured for
9bodily injury to or death of any person or damage to property
10to the amounts and limits above set forth and growing out of
11the use or operation by the insured within the continental
12limits of the United States or the Dominion of Canada of any
13motor vehicle not owned by him.
14    (d) Required Statements in Policies. --Every motor vehicle
15liability policy must specify the name and address of the
16insured, the coverage afforded by the policy, the premium
17charged therefor, the policy period, and the limits of
18liability, and shall contain an agreement that the insurance
19thereunder is provided in accordance with the coverage defined
20in this Act, as respects bodily injury and death or property
21damage or both, and is subject to all the provisions of this
22Act.
23    (e) Policy Need Not Insure Workers' Compensation. --Any
24liability policy or policies issued hereunder need not cover
25any liability of the insured assumed by or imposed upon the
26insured under any workers' compensation law nor any liability

 

 

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1for damage to property in charge of the insured or the
2insured's employees.
3    (f) Provisions Incorporated in Policy. --Every motor
4vehicle liability policy is subject to the following provisions
5which need not be contained therein:
6    1. The liability of the insurance carrier under any such
7policy shall become absolute whenever loss or damage covered by
8the policy occurs and the satisfaction by the insured of a
9final judgment for such loss or damage shall not be a condition
10precedent to the right or obligation of the carrier to make
11payment on account of such loss or damage.
12    2. No such policy may be cancelled or annulled as respects
13any loss or damage, by any agreement between the carrier and
14the insured after the insured has become responsible for such
15loss or damage, and any such cancellation or annulment shall be
16void.
17    3. The insurance carrier shall, however, have the right to
18settle any claim covered by the policy, and if such settlement
19is made in good faith, the amount thereof shall be deductible
20from the limits of liability specified in the policy.
21    4. The policy, the written application therefor, if any,
22and any rider or endorsement which shall not conflict with the
23provisions of this Act shall constitute the entire contract
24between the parties.
25    (g) Excess or Additional Coverage. --Any motor vehicle
26liability policy may, however, grant any lawful coverage in

 

 

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1excess of or in addition to the coverage herein specified or
2contain any agreements, provisions, or stipulations not in
3conflict with the provisions of this Act and not otherwise
4contrary to law.
5    (h) Reimbursement Provision Permitted. --The policy may
6provide that the insured, or any other person covered by the
7policy shall reimburse the insurance carrier for payment made
8on account of any loss or damage claim or suit involving a
9breach of the terms, provisions or conditions of the policy;
10and further, if the policy shall provide for limits in excess
11of the limits specified in this Act, the insurance carrier may
12plead against any plaintiff, with respect to the amount of such
13excess limits of liability, any defense which it may be
14entitled to plead against the insured.
15    (i) Proration of Insurance Permitted. --The policy may
16provide for the pro-rating of the insurance thereunder with
17other applicable valid and collectible insurance.
18    (j) Binders. --Any binder pending the issuance of any
19policy, which binder contains or by reference includes the
20provisions hereunder shall be sufficient proof of ability to
21respond in damages.
22    (k) Copy of Policy to Be Filed with Department of
23Insurance--Approval. --A copy of the form of every motor
24vehicle liability policy which is to be used to meet the
25requirements of this Act must be filed, by the company offering
26such policy, with the Department of Insurance, which shall

 

 

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1approve or disapprove the policy within 30 days of its filing.
2If the Department approves the policy in writing within such 30
3day period or fails to take action for 30 days, the form of
4policy shall be deemed approved as filed. If within the 30 days
5the Department disapproves the form of policy filed upon the
6ground that it does not comply with the requirements of this
7Act, the Department shall give written notice of its decision
8and its reasons therefor to the carrier and the policy shall
9not be accepted as proof of financial responsibility under this
10Act.
11    (l) Insurance Carrier Required to File Certificate. --An
12insurance carrier who has issued a motor vehicle liability
13policy or policies or an operator's policy meeting the
14requirements of this Act shall, upon the request of the insured
15therein, deliver to the insured for filing, or at the request
16of the insured, shall file direct, with the Secretary of State
17a certificate, as required by this Act, which shows that such
18policy or policies have been issued. No insurance carrier may
19require the payment of any extra fee or surcharge, in addition
20to the insurance premium, for the execution, delivery or filing
21of such certificate.
22    (m) Proof When Made By Endorsement. --Any motor vehicle
23liability policy which by endorsement contains the provisions
24required hereunder shall be sufficient proof of ability to
25respond in damages.
26(Source: P.A. 85-730.)
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2012.".