Rep. Angelo Saviano

Filed: 5/2/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 152

2    AMENDMENT NO. ______. Amend Senate Bill 152 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Insurance Code is amended by
5adding Section 143.24d as follows:
 
6    (215 ILCS 5/143.24d new)
7    Sec. 143.24d. Arbitration of physical damage subrogation
8claims between insurers in certain cases.
9    (a) With respect to physical damage subrogation claims
10arising from auto damages incurred on or after January 1, 2012,
11insurers shall arbitrate and settle such claims where the
12amount in controversy, exclusive of the costs of the
13arbitration, is less than $2,500. Such arbitration shall be in
14accordance with the terms of and rules adopted pursuant to the
15Nationwide Inter-Company Arbitration Agreement, or any
16successor thereto, as adopted and from time to time amended by

 

 

09700SB0152ham001- 2 -LRB097 02684 RPM 54988 a

1its members, unless the parties on a case-by-case basis
2mutually agree to use another forum; the alternate forum may
3include a court of competent jurisdiction, in which case the
4claim shall be arbitrated or tried in that alternate forum.
5Mandatory arbitration of disputed claims shall be limited
6solely to the issues of liability and damages.
7    (b) Nothing in this Section shall be interpreted to require
8an insurer to become a member of any organization or to sign
9the Nationwide Inter-Company Arbitration Agreement.
 
10    Section 99. Effective date. This Act takes effect January
111, 2012.".