HB4650 101ST GENERAL ASSEMBLY

LRB101 17310 BMS 66715 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4650

Introduced 2/5/2020, by Rep. Darren Bailey

SYNOPSIS AS INTRODUCED:

215 ILCS 5/357.3

from Ch. 73, par. 969.3

Amends the Illinois Insurance Code. Provides that an insurer shall not use misstatements made by an applicant in an application for an accident and health insurance policy to void the policy or to deny a claim for loss incurred or disability after one year (rather than 2 years) from the date of issue of the policy, unless the misstatements are fraudulent.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Insurance Code is amended by changing Section 357.3 as follows:

(215 ILCS 5/357.3) (from Ch. 73, par. 969.3)

Sec. 357.3. "TIME LIMIT ON CERTAIN DEFENSES:

(1) After one year 2 years from the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such one-year 2 year period."

(The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial one-year 2 year period, nor to limit the application of Section section 357.15 through Section section 357.19 in the event of misstatement with respect to age or occupation or other insurance.)

A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium (1) until at least age 50 or, (2) in the case of a policy issued after age 44, for at least 5 years from its date of issue, may contain in lieu of the foregoing the following provisions (from which the clause in parentheses may be omitted at the company's option) under the caption "INCONTESTABLE":

"After this policy has been in force for a period of one year 2 years during the lifetime of the insured (excluding any period during which the insured is a person with a disability), it shall become incontestable as to the statements contained in the application."

(2) "No claim for loss incurred or disability (as defined in the policy) commencing after one year 2 years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy."

(Source: P.A. 99-143, eff. 7-27-15.)