Insurance Committee
Filed: 3/13/2007
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1 | AMENDMENT TO HOUSE BILL 2786
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2 | AMENDMENT NO. ______. Amend House Bill 2786 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
5 | changing Section 236 as follows:
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6 | (215 ILCS 5/236) (from Ch. 73, par. 848)
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7 | Sec. 236. Discrimination prohibited.
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8 | (a) No life company doing business in this State shall make | ||||||
9 | or permit any
distinction or discrimination in favor of | ||||||
10 | individuals among insured
persons of the same class and equal | ||||||
11 | expectation of life in the issuance
of its policies, in the | ||||||
12 | amount of
payment of premiums or rates charged for policies of | ||||||
13 | insurance, in the
amount of any dividends or other benefits | ||||||
14 | payable thereon, or in any
other of the terms and conditions of | ||||||
15 | the contracts it makes.
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16 | (b) No life company shall make or permit any distinction or |
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1 | discrimination
against individuals
with handicaps or | ||||||
2 | disabilities in
the amount of payment
of premiums or rates | ||||||
3 | charged for policies of life insurance, in the amount
of any | ||||||
4 | dividends or death benefits payable thereon, or in any other | ||||||
5 | terms
and conditions of the contract it makes unless the rate | ||||||
6 | differential is
based on sound actuarial principles and a | ||||||
7 | reasonable system of classification
and is related to actual or | ||||||
8 | reasonably anticipated experience directly
associated with the | ||||||
9 | handicap or disability.
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10 | (c) No life company shall refuse to insure, or refuse to | ||||||
11 | continue to insure,
or limit the amount or extent or kind of | ||||||
12 | coverage available to an
individual, or charge an individual a | ||||||
13 | different rate for the same coverage
solely because of | ||||||
14 | blindness or partial blindness. With respect to all
other | ||||||
15 | conditions, including the underlying cause of the blindness or
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16 | partial blindness, persons who are blind or partially blind | ||||||
17 | shall be
subject to the same standards of sound actuarial | ||||||
18 | principles or actual or
reasonably anticipated experience as | ||||||
19 | are sighted persons. Refusal to
insure includes denial by an | ||||||
20 | insurer of disability insurance coverage on
the grounds that | ||||||
21 | the policy defines "disability" as being presumed in the
event | ||||||
22 | that the insured loses his or her eyesight. However, an insurer | ||||||
23 | may
exclude from coverage disabilities consisting solely of | ||||||
24 | blindness or
partial blindness when such condition existed at | ||||||
25 | the time the policy was issued.
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26 | (d) No life company shall refuse to insure or to continue |
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1 | to insure an
individual solely because of the individual's | ||||||
2 | status as a member of the
United States Air Force, Army, Coast | ||||||
3 | Guard, Marines, or Navy or solely because
of the individual's | ||||||
4 | status as a member
of the National Guard or Armed Forces | ||||||
5 | Reserve.
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6 | (e) An insurer or producer authorized to issue policies of | ||||||
7 | insurance in this State may not make a distinction or otherwise | ||||||
8 | discriminate between persons, reject an applicant, cancel a | ||||||
9 | policy, or demand or require a higher rate of premium for | ||||||
10 | reasons based solely upon an applicant's or insured's past | ||||||
11 | lawful travel experiences or future lawful travel plans. This | ||||||
12 | subsection (e) does not prohibit an insurer or producer from | ||||||
13 | excluding or limiting coverage under a policy or refusing to | ||||||
14 | offer the policy based upon past lawful travel or future lawful | ||||||
15 | travel plans or from charging a different rate for that | ||||||
16 | coverage when that action is based upon sound actuarial | ||||||
17 | principles or is related to actual or reasonably expected | ||||||
18 | experience and is not based solely on the destination's | ||||||
19 | inclusion on the United States Department of State's travel | ||||||
20 | warning list.
No life company may refuse to insure, refuse to | ||||||
21 | continue to insure, limit the amount or extent or kind of | ||||||
22 | coverage available to an
individual, or charge an individual a | ||||||
23 | different rate for the same coverage solely for reasons | ||||||
24 | associated with an applicant's or insured's past lawful travel | ||||||
25 | experiences. | ||||||
26 | (Source: P.A. 93-850, eff. 7-30-04.)".
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