093_HB3429eng

 
HB3429 Engrossed                     LRB093 06689 AMC 06823 b

 1        AN ACT in relation to environmental protection.

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

 4        Section 5. The Environmental Protection Act is amended by
 5    adding Section 22.2d as follows:

 6        (415 ILCS 5/22.2d new)
 7        Sec. 22.2d.  If an insurance policyholder may  be  liable
 8    to  the  State  or  a  unit  of local government for costs of
 9    removal and remedial action relating to  hazardous  waste  or
10    pesticides  under Section 22.2 of this Act or under any other
11    law or ordinance  establishing  liability  for  environmental
12    cleanup  costs,  the  State  or  unit of local government may
13    bring a cause of action against  the  policyholder's  insurer
14    for  those  costs.  The  action  may be brought regardless of
15    whether the policyholder's rights have been assigned  to  the
16    State  or unit of local government, and regardless of whether
17    a judgment has been obtained against the policyholder.  Prior
18    to  bringing  an action under this Section, the State or unit
19    of local government shall make a reasonable effort to  notify
20    the  policyholder  of  its  intent  to  bring  the  action. A
21    policyholder shall have the right to intervene  in  any  such
22    action. All defenses available to a policyholder to any claim
23    of  liability  for  environmental  response costs asserted or
24    that could be asserted against it shall be available  to  the
25    insurer  in  an  action  brought  under  this Section. In any
26    action under this Section, the claim of the State or unit  of
27    local  government  shall  be limited by the applicable terms,
28    conditions, and provisions of the relevant  insurance  policy
29    under  which  coverage  may be provided, and the State or the
30    unit of local government shall have no  greater  rights  than
31    the  rights  of  the policyholder under its insurance policy,
 
HB3429 Engrossed            -2-      LRB093 06689 AMC 06823 b
 1    subject to the statutory and common law that applies  to  the
 2    determination  of  those  rights.  In  any  action under this
 3    Section, the State or unit of local government shall have the
 4    same rights as an  individual  policyholder  to  recover  its
 5    reasonable   expenses  and  costs  of  litigation,  including
 6    attorney fees.