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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2352
Introduced 1/28/2004, by Patrick Welch SYNOPSIS AS INTRODUCED: |
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Amends the Environmental Protection Act. Provides that, if an insurance
policyholder may be liable to the State or a unit of local government for costs
of removal and remedial action relating to hazardous waste or pesticides under
the Act or under any other law or ordinance establishing liability for
environmental cleanup costs, the State or unit of local government may
bring a cause of action against the policyholder's insurer for those costs if
the insurance policy was issued before January 1, 1987, the policyholder has
dissolved or is no longer in existence or cannot be found, and if the
policyholder was a corporation, the policyholder dissolved more than
5 years before the action is commenced. Adds successors in interest as persons
who may be
notified of the insurer's intent to bring an action against the policyholder.
Effective immediately.
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A BILL FOR
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SB2352 |
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LRB093 13495 BDD 40196 b |
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| AN ACT in relation environmental protection.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by |
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| adding Section
22.2d as follows:
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| (415 ILCS 5/22.2d new)
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| Sec. 22.2d. If an insurance policyholder may be liable to |
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| the State or a
unit
of local
government for costs of removal |
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| and remedial action relating to hazardous waste
or pesticides
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| under Section 22.2 of this Act or under any other law or |
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| ordinance establishing
liability for
environmental cleanup |
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| costs, the State or unit of local government may bring a
cause |
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| of action against the policyholder's insurer for those costs
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| if: (i) the insurance policy that is the basis for the action |
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| was
issued prior to January 1, 1987; (ii) the policyholder has |
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| dissolved or
otherwise is no longer in existence or cannot be |
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| found; and (iii) if the
policyholder was a corporation, the |
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| policyholder dissolved more than 5 years
before the action is |
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| commenced.
The action may be brought regardless of whether the |
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| policyholder's rights have
been assigned to the State or unit |
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| of
local government, and
regardless of whether a judgment has |
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| been obtained against the policyholder.
Prior to bringing
an |
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| action under this Section, the State or unit of local |
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| government shall make
a reasonable effort
to notify the |
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| policyholder or its successor in interest of its intent to |
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| bring
the action. A policyholder or its successor in interest |
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| shall have the right to
intervene in any such action. All |
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| defenses available to a policyholder to any
claim of liability |
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| for
environmental response costs asserted or that could be |
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| asserted against it
shall be available to
the insurer in an |
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| action brought under this Section. In any action under this
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| Section, the claim of
the State or unit of local government |