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[ House Amendment 002 ] |
90_HB2860enr 215 ILCS 5/155.22b new Amends the Illinois Insurance Code. Provides that a company may not use the fact that an applicant or insured was injured as a result of a battery committed by a spouse or person in the same household as the sole basis of a rating, underwriting, or claims handling decision. Effective immediately. LRB9009861JSmb HB2860 Enrolled LRB9009861JSmb 1 AN ACT to amend the Illinois Insurance Code by adding 2 Section 155.22b. 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 adding Section 155.22b as follows: 7 (215 ILCS 5/155.22b new) 8 Sec. 155.22b. Rating, claims handling, and underwriting 9 decisions. 10 (a) No company issuing a policy of property and casualty 11 insurance may use the fact that an applicant or insured 12 incurred bodily injury as a result of a battery committed 13 against him or her by a spouse or person in the same 14 household as a sole reason for a rating, underwriting, or 15 claims handling decision. 16 (b) If a policy excludes property coverage for 17 intentional acts, the insurer may not deny payment to an 18 innocent co-insured who did not cooperate in or contribute to 19 the creation of the loss if the loss arose out of a pattern 20 of criminal domestic violence and the perpetrator of the loss 21 is criminally prosecuted for the act causing the loss. 22 Payment to the innocent co-insured may be limited to his or 23 her ownership interest in the property as reduced by any 24 payments to a mortgagor or other secured interest. 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.