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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB0829
215 ILCS 5/802.1
Amends the Illinois Insurance Code in relation to mine
subsidence insurance. Includes within the definition of
"insurer" intergovernmental cooperatives that provide
Standard Fire Policy and Extended Coverage Endorsements.
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1 AN ACT to amend the Illinois Insurance Code is amended by
2 changing Section 802.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Insurance Code is amended by
6 changing Section 802.1 as follows:
7 (215 ILCS 5/802.1)
8 Sec. 802.1. Definitions. As used in this Article:
9 (a) "Commercial Building" means any building, other than
10 a residence, permanently affixed to realty located in
11 Illinois, including basements, footings, foundations, septic
12 systems and underground pipes directly servicing the
13 building, but does not include sidewalks, driveways, parking
14 lots, living units, land, trees, plants, crops or
15 agricultural field drainage tile.
16 (b) "Commercial Coverage" means mine subsidence
17 insurance for a commercial building.
18 (c) "Insurer" or "Insurers" means insurance companies
19 and reciprocals licensed and authorized to write Class 3
20 policies of insurance, as defined in this Code, within
21 Illinois and also means intergovernmental cooperatives
22 organized pursuant to Article VII, Section 10 of the Illinois
23 Constitution and the Intergovernmental Cooperation Act,
24 which provide the coverage of the standard fire policy and
25 extended coverage endorsement on a residence, living unit, or
26 commercial building within Illinois.
27 (d) "Living Unit" shall mean that physical portion
28 designated for separate ownership or occupancy for
29 residential purposes, of a building or group of buildings,
30 permanently affixed to realty located in Illinois, having
31 elements which are owned or used in common, including a
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1 condominium unit, a cooperative unit or any other similar
2 unit.
3 (e) "Living Unit Coverage" means mine subsidence
4 insurance for a living unit covering the losses described in
5 Section 805.1(d).
6 (f) "Mine Subsidence" means lateral or vertical ground
7 movement caused by a failure initiated at the mine level, of
8 man-made underground mines, including, but not limited to
9 coal mines, clay mines, limestone mines, and fluorspar mines
10 that directly damages residences or commercial buildings.
11 "Mine Subsidence" does not include lateral or vertical ground
12 movement caused by earthquake, landslide, volcanic eruption,
13 soil conditions, soil erosion, soil freezing and thawing,
14 improperly compacted soil, construction defects, roots of
15 trees and shrubs or collapse of storm and sewer drains and
16 rapid transit tunnels.
17 (g) "Mine Subsidence Insurance Fund" or "Fund" means the
18 fund established by this Article.
19 (h) "Policy" or "policies" means any contract or
20 contracts of insurance, including joint self-insurance issued
21 by an intergovernmental cooperative organized pursuant to the
22 Article VII, Section 10 of the Illinois Constitution and the
23 Intergovernmental Cooperation Act, providing the coverage of
24 the Standard Fire Policy and Extended Coverage Endorsement on
25 any residence, living unit or commercial building. It does
26 not include those insurance contracts that are referred to as
27 marine or inland marine policies.
28 (i) "Premium" or "premiums" means the gross amount
29 charged to policyholders for the mine subsidence insurance
30 made available under this Article.
31 (j) "Rates" or "rate schedules" means the rates by which
32 premiums shall be computed for the mine subsidence insurance
33 made available under this Article.
34 (k) "Residence" means a building used principally for
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1 residential purposes up to and including a four family
2 dwelling, permanently affixed to realty located in Illinois,
3 including appurtenant structures, driveways, sidewalks,
4 basements, footings, foundations, septic systems and
5 underground pipes directly servicing the dwelling or
6 building, but does not include living units, land, trees,
7 plants, crops or agricultural field drainage tile.
8 (l) "Residential Coverage" means mine subsidence
9 insurance for a residence.
10 (Source: P.A. 88-379.)