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.