Public Act 90-0451 of the 90th General Assembly
Public Act 90-0451
SB710 Enrolled LRB9002813WHmgA
AN ACT to amend certain Acts in relation to rights and
remedies.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Metropolitan Transit Authority Act is
amended by changing Section 41 as follows:
(70 ILCS 3605/41) (from Ch. 111 2/3, par. 341)
Sec. 41. No civil action shall be commenced in any court
against the Authority by any person for any injury to his
person unless it is commenced within one year from the date
that the injury was received or the cause of action accrued.
Within six (6) months from the date that such an injury was
received or such cause of action accrued, any person who is
about to commence any civil action in any court against the
Authority for damages on account of any injury to his person
shall file in the office of the secretary of the Board and
also in the office of the General Counsel for the Authority
either by himself, his agent, or attorney, a statement, in
writing, signed by himself, his agent, or attorney, giving
the name of the person to whom the cause of action has
accrued, the name and residence of the person injured, the
date and about the hour of the accident, the place or
location where the accident occurred and the name and address
of the attending physician, if any. If the notice provided
for by this section is not filed as provided, any such civil
action commenced against the Authority shall be dismissed and
the person to whom any such cause of action accrued for any
personal injury shall be forever barred from further suing.
Any person who notifies the Authority that he or she was
injured or has a cause of action shall be furnished a copy of
Section 41 of this Act. Within 10 days after being notified
in writing, the Authority shall either send a copy by
certified mail to the person at his or her last known address
or hand deliver a copy to the person who shall acknowledge
receipt by his or her signature. When the Authority is
notified later than 6 months from the date the injury
occurred or the cause of action arose, the Authority is not
obligated to furnish a copy of Section 41 to the person. In
the event the Authority fails to furnish a copy of Section 41
as provided in this Section, any action commenced against the
Authority shall not be dismissed for failure to file a
written notice as provided in this Section. Compliance with
this Section shall be liberally construed in favor of the
person required to file a written statement.
(Source: P.A. 87-597.)
Section 3. The Illinois Insurance Code is amended by
changing Section 143a as follows:
(215 ILCS 5/143a) (from Ch. 73, par. 755a)
Sec. 143a. Uninsured and hit and run motor vehicle
coverage.
(1) No policy insuring against loss resulting from
liability imposed by law for bodily injury or death suffered
by any person arising out of the ownership, maintenance or
use of a motor vehicle that is designed for use on public
highways and that is either required to be registered in this
State or is principally garaged in this State shall be
renewed, delivered, or issued for delivery in this State
unless coverage is provided therein or supplemental thereto,
in limits for bodily injury or death set forth in Section
7-203 of the Illinois Vehicle Code for the protection of
persons insured thereunder who are legally entitled to
recover damages from owners or operators of uninsured motor
vehicles and hit-and-run motor vehicles because of bodily
injury, sickness or disease, including death, resulting
therefrom. Uninsured motor vehicle coverage does not apply to
bodily injury, sickness, disease, or death resulting
therefrom, of an insured while occupying a motor vehicle
owned by, or furnished or available for the regular use of
the insured, a resident spouse or resident relative, if that
motor vehicle is not described in the policy under which a
claim is made or is not a newly acquired or replacement motor
vehicle covered under the terms of the policy. The limits
for any coverage for any vehicle under the policy may not be
aggregated with the limits for any similar coverage, whether
provided by the same insurer or another insurer, applying to
other motor vehicles, for purposes of determining the total
limit of insurance coverage available for bodily injury or
death suffered by a person in any one accident. No policy
shall be renewed, delivered, or issued for delivery in this
State unless it is provided therein that any dispute with
respect to the coverage and the amount of damages shall be
submitted for arbitration to the American Arbitration
Association and be subject to its rules for the conduct of
arbitration hearings as to all matters except medical
opinions. As to medical opinions, if the amount of damages
being sought is equal to or less than the amount provided for
in Section 7-203 of the Illinois Vehicle Code, then the
current American Arbitration Association Rules shall apply.
If the amount being sought in an American Arbitration
Association case exceeds that amount as set forth in Section
7-203 of the Illinois Vehicle Code, then the Rules of
Evidence that apply in the circuit court for placing medical
opinions into evidence shall govern. Alternatively, disputes
with respect to damages and the coverage shall be determined
or for determination in the following manner: Upon the
insured requesting arbitration, each party to the dispute
shall select an arbitrator and the 2 arbitrators so named
shall select a third arbitrator. If such arbitrators are not
selected within 45 days from such request, either party may
request that the arbitration be submitted to the American
Arbitration Association. Any decision made by the arbitrators
shall be binding for the amount of damages not exceeding the
limits for bodily injury or death set forth in Section 7-203
of the Illinois Vehicle Code. All 3-person arbitration cases
proceeding in accordance with any uninsured motorist coverage
conducted in this State in which the claimant is only seeking
monetary damages up to the limits set forth in Section 7-203
of the Illinois Vehicle Code shall be subject to the
following rules:
(A) If at least 60 days' written notice of the
intention to offer the following documents in evidence is
given to every other party, accompanied by a copy of the
document, a party may offer in evidence, without
foundation or other proof:
(1) bills, records, and reports of hospitals,
doctors, dentists, registered nurses, licensed
practical nurses, physical therapists, and other
healthcare providers;
(2) bills for drugs, medical appliances, and
prostheses;
(3) property repair bills or estimates, when
identified and itemized setting forth the charges
for labor and material used or proposed for use in
the repair of the property;
(4) a report of the rate of earnings and time
lost from work or lost compensation prepared by an
employer;
(5) the written opinion of an opinion witness,
the deposition of a witness, and the statement of a
witness that the witness would be allowed to express
if testifying in person, if the opinion or statement
is made by affidavit or by certification as provided
in Section 1-109 of the Code of Civil Procedure;
(6) any other document not specifically
covered by any of the foregoing provisions that is
otherwise admissible under the rules of evidence.
Any party receiving a notice under this paragraph
(A) may apply to the arbitrator or panel of arbitrators,
as the case may be, for the issuance of a subpoena
directed to the author or maker or custodian of the
document that is the subject of the notice, requiring the
person subpoenaed to produce copies of any additional
documents as may be related to the subject matter of the
document that is the subject of the notice. Any such
subpoena shall be issued in substantially similar form
and served by notice as provided by Illinois Supreme
Court Rule 204(a)(4). Any such subpoena shall be
returnable not less than 5 days before the arbitration
hearing.
(B) Notwithstanding the provisions of Supreme Court
Rule 213(g), a party who proposes to use a written
opinion of an expert or opinion witness or the testimony
of an expert or opinion witness at the hearing may do so
provided a written notice of that intention is given to
every other party not less than 60 days prior to the date
of hearing, accompanied by a statement containing the
identity of the witness, his or her qualifications, the
subject matter, the basis of the witness's conclusions,
and his or her opinion.
(C) Any other party may subpoena the author or
maker of a document admissible under this subsection, at
that party's expense, and examine the author or maker as
if under cross-examination. The provisions of Section
2-1101 of the Code of Civil Procedure shall be applicable
to arbitration hearings, and it shall be the duty of a
party requesting the subpoena to modify the form to show
that the appearance is set before an arbitration panel
and to give the time and place set for the hearing.
(D) The provisions of Section 2-1102 of the Code of
Civil Procedure shall be applicable to arbitration
hearings under this subsection.
(2) No policy insuring against loss resulting from
liability imposed by law for property damage arising out of
the ownership, maintenance, or use of a motor vehicle shall
be renewed, delivered, or issued for delivery in this State
with respect to any private passenger or recreational motor
vehicle that is designed for use on public highways and that
is either required to be registered in this State or is
principally garaged in this State and is not covered by
collision insurance under the provisions of such policy,
unless coverage is made available in the amount of the actual
cash value of the motor vehicle described in the policy or
$15,000 whichever is less, subject to a $250 deductible, for
the protection of persons insured thereunder who are legally
entitled to recover damages from owners or operators of
uninsured motor vehicles and hit-and-run motor vehicles
because of property damage to the motor vehicle described in
the policy.
There shall be no liability imposed under the uninsured
motorist property damage coverage required by this subsection
if the owner or operator of the at-fault uninsured motor
vehicle or hit-and-run motor vehicle cannot be identified.
This subsection shall not apply to any policy which does not
provide primary motor vehicle liability insurance for
liabilities arising from the maintenance, operation, or use
of a specifically insured motor vehicle.
Each insurance company providing motor vehicle property
damage liability insurance shall advise applicants of the
availability of uninsured motor vehicle property damage
coverage, the premium therefor, and provide a brief
description of the coverage. Each insurer, with respect to
the initial renewal, reinstatement, or reissuance of a policy
of motor vehicle property damage liability insurance shall
provide present policyholders with the same information in
writing. That information need be given only once and shall
not be required in any subsequent renewal, reinstatement or
reissuance, substitute, amended, replacement or supplementary
policy. No written rejection shall be required, and the
absence of a premium payment for uninsured motor vehicle
property damage shall constitute conclusive proof that the
applicant or policyholder has elected not to accept uninsured
motorist property damage coverage.
An insurance company issuing uninsured motor vehicle
property damage coverage may provide that:
(i) Property damage losses recoverable thereunder
shall be limited to damages caused by the actual physical
contact of an uninsured motor vehicle with the insured
motor vehicle.
(ii) There shall be no coverage for loss of use of
the insured motor vehicle and no coverage for loss or
damage to personal property located in the insured motor
vehicle.
(iii) Any claim submitted shall include the name
and address of the owner of the at-fault uninsured motor
vehicle, or a registration number and description of the
vehicle, or any other available information to establish
that there is no applicable motor vehicle property damage
liability insurance.
(iv) Any dispute with respect to the coverage and the
amount of damages shall be submitted for arbitration to the
American Arbitration Association and be subject to its rules
for the conduct of arbitration hearings or for determination
in the following manner: Upon the insured requesting
arbitration, each party to the dispute shall select an
arbitrator and the 2 arbitrators so named shall select a
third arbitrator. If such arbitrators are not selected
within 45 days from such request, either party may request
that the arbitration be submitted to the American Arbitration
Association. Any arbitration proceeding under this subsection
seeking recovery for property damages shall be subject to the
following rules:
(A) If at least 60 days' written notice of the
intention to offer the following documents in evidence is
given to every other party, accompanied by a copy of the
document, a party may offer in evidence, without
foundation or other proof:
(1) property repair bills or estimates, when
identified and itemized setting forth the charges
for labor and material used or proposed for use in
the repair of the property;
(2) the written opinion of an opinion witness,
the deposition of a witness, and the statement of a
witness that the witness would be allowed to express
if testifying in person, if the opinion or statement
is made by affidavit or by certification as provided
in Section 1-109 of the Code of Civil Procedure;
(3) any other document not specifically
covered by any of the foregoing provisions that is
otherwise admissible under the rules of evidence.
Any party receiving a notice under this paragraph
(A) may apply to the arbitrator or panel of arbitrators,
as the case may be, for the issuance of a subpoena
directed to the author or maker or custodian of the
document that is the subject of the notice, requiring the
person subpoenaed to produce copies of any additional
documents as may be related to the subject matter of the
document that is the subject of the notice. Any such
subpoena shall be issued in substantially similar form
and served by notice as provided by Illinois Supreme
Court Rule 204(a)(4). Any such subpoena shall be
returnable not less than 5 days before the arbitration
hearing.
(B) Notwithstanding the provisions of Supreme Court
Rule 213(g), a party who proposes to use a written
opinion of an expert or opinion witness or the testimony
of an expert or opinion witness at the hearing may do so
provided a written notice of that intention is given to
every other party not less than 60 days prior to the date
of hearing, accompanied by a statement containing the
identity of the witness, his or her qualifications, the
subject matter, the basis of the witness's conclusions,
and his or her opinion.
(C) Any other party may subpoena the author or
maker of a document admissible under this subsection, at
that party's expense, and examine the author or maker as
if under cross-examination. The provisions of Section
2-1101 of the Code of Civil Procedure shall be applicable
to arbitration hearings, and it shall be the duty of a
party requesting the subpoena to modify the form to show
that the appearance is set before an arbitration panel
and to give the time and place set for the hearing.
(D) The provisions of Section 2-1102 of the Code of
Civil Procedure shall be applicable to arbitration
hearings under this subsection.
(3) For the purpose of the coverage the term "uninsured
motor vehicle" includes, subject to the terms and conditions
of the coverage, a motor vehicle where on, before or after
the accident date the liability insurer thereof is unable to
make payment with respect to the legal liability of its
insured within the limits specified in the policy because of
the entry by a court of competent jurisdiction of an order of
rehabilitation or liquidation by reason of insolvency on or
after the accident date. An insurer's extension of coverage,
as provided in this subsection, shall be applicable to all
accidents occurring after July 1, 1967 during a policy period
in which its insured's uninsured motor vehicle coverage is in
effect. Nothing in this Section may be construed to prevent
any insurer from extending coverage under terms and
conditions more favorable to its insureds than is required by
this Section.
(4) In the event of payment to any person under the
coverage required by this Section and subject to the terms
and conditions of the coverage, the insurer making the
payment shall, to the extent thereof, be entitled to the
proceeds of any settlement or judgment resulting from the
exercise of any rights of recovery of the person against any
person or organization legally responsible for the property
damage, bodily injury or death for which the payment is made,
including the proceeds recoverable from the assets of the
insolvent insurer. With respect to payments made by reason of
the coverage described in subsection (3), the insurer making
such payment shall not be entitled to any right of recovery
against the tort-feasor in excess of the proceeds recovered
from the assets of the insolvent insurer of the tort-feasor.
(5) This amendatory Act of 1967 shall not be construed
to terminate or reduce any insurance coverage or any right of
any party under this Code in effect before July 1, 1967. This
amendatory Act of 1990 shall not be construed to terminate or
reduce any insurance coverage or any right of any party under
this Code in effect before its effective date.
(6) Failure of the motorist from whom the claimant is
legally entitled to recover damages to file the appropriate
forms with the Safety Responsibility Section of the
Department of Transportation within 120 days of the accident
date shall create a rebuttable presumption that the motorist
was uninsured at the time of the injurious occurrence.
(7) An insurance carrier may upon good cause require the
insured to commence a legal action against the owner or
operator of an uninsured motor vehicle before good faith
negotiation with the carrier. If the action is commenced at
the request of the insurance carrier, the carrier shall pay
to the insured, before the action is commenced, all court
costs, jury fees and sheriff's fees arising from the action.
The changes made by this amendatory Act of 1997 apply to
all policies of insurance amended, delivered, issued, or
renewed on and after the effective date of this amendatory
Act of 1997.
(Source: P.A. 89-206, eff. 7-21-95.)
Section 5. The Code of Civil Procedure is amended by
changing Section 13-206 as follows:
(735 ILCS 5/13-206) (from Ch. 110, par. 13-206)
Sec. 13-206. Ten year limitation. Except as provided in
Section 2-725 of the "Uniform Commercial Code", actions on
bonds, promissory notes, bills of exchange, written leases,
written contracts, or other evidences of indebtedness in
writing, shall be commenced within 10 years next after the
cause of action accrued; but if any payment or new promise to
pay has been made, in writing, on any bond, note, bill,
lease, contract, or other written evidence of indebtedness,
within or after the period of 10 years, then an action may be
commenced thereon at any time within 10 years after the time
of such payment or promise to pay. For purposes of this
Section, with regard to promissory notes dated on or after
the effective date of this amendatory Act of 1997, a cause of
action on a promissory note payable at a definite date
accrues on the due date or date stated in the promissory note
or the date upon which the promissory note is accelerated.
With respect to a demand promissory note dated on or after
the effective date of this amendatory Act of 1997, if a
demand for payment is made to the maker of the demand
promissory note, an action to enforce the obligation of a
party to pay the demand promissory note must be commenced
within 10 years after the demand. An action to enforce a
demand promissory note is barred if neither principal nor
interest on the demand promissory note has been paid for a
continuous period of 10 years and no demand for payment has
been made to the maker during that period.
(Source: P.A. 82-280.)
Section 10. The Uniform Commercial Code is amended by
changing Section 3-118 as follows:
(810 ILCS 5/3-118) (from Ch. 26, par. 3-118)
Sec. 3-118. Statute of limitations.
(a) (Blank). Except as provided in subsection (e), an
action to enforce the obligation of a party to pay a note
payable at a definite time must be commenced within 6 years
after the due date or dates stated in the note or, if a due
date is accelerated, within 6 years after the accelerated due
date.
(b) (Blank). Except as provided in subsection (d) or
(e), if demand for payment is made to the maker of a note
payable on demand, an action to enforce the obligation of a
party to pay the note must be commenced within 6 years after
the demand. If no demand for payment is made to the maker,
an action to enforce the note is barred if neither principal
nor interest on the note has been paid for a continuous
period of 10 years.
(c) Except as provided in subsection (d), an action to
enforce the obligation of a party to an unaccepted draft to
pay the draft must be commenced within 3 years after dishonor
of the draft or 10 years after the date of the draft,
whichever period expires first.
(d) An action to enforce the obligation of the acceptor
of a certified check or the issuer of a teller's check,
cashier's check, or traveler's check must be commenced within
3 years after demand for payment is made to the acceptor or
issuer, as the case may be.
(e) An action to enforce the obligation of a party to a
certificate of deposit to pay the instrument must be
commenced within 6 years after demand for payment is made to
the maker, but if the instrument states a due date and the
maker is not required to pay before that date, the 6-year
period begins when a demand for payment is in effect and the
due date has passed.
(f) An action to enforce the obligation of a party to
pay an accepted draft, other than a certified check, must be
commenced (i) within 6 years after the due date or dates
stated in the draft or acceptance if the obligation of the
acceptor is payable at a definite time, or (ii) within 6
years after the date of the acceptance if the obligation of
the acceptor is payable on demand.
(g) Unless governed by other law regarding claims for
indemnity or contribution, an action (i) for conversion of an
instrument, for money had and received, or like action based
on conversion, (ii) for breach of warranty, or (iii) to
enforce an obligation, duty, or right arising under this
Article and not governed by this Section must be commenced
within 3 years after the cause of action accrues.
(Source: P.A. 87-582; 87-1135.)
Section 99. The provisions changing Section 41 of the
Metropolitan Transit Authority Act take effect on July 1,
1998.