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92nd General Assembly

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Public Act 92-0139

HB2554 Enrolled                                LRB9202146JSpc

    AN ACT concerning payment of insurance claims.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Insurance Code is amended by
changing Sections 224 and 357.9a as follows:

    (215 ILCS 5/224) (from Ch. 73, par. 836)
    Sec. 224.  Standard provisions for life policies.)
    (1)  After the first day of July, 1937, no policy of life
insurance other than industrial, group or annuities and  pure
endowments  with or without return of premiums or of premiums
and interest, may be  issued  or  delivered  in  this  State,
unless  such  policy  contains  in  substance  the  following
provisions:
    (a)  A  provision that all premiums after the first shall
be payable in advance  either  at  the  home  office  of  the
company  or  to  an  agent of the company, upon delivery of a
receipt signed by one or more of the officers  who  shall  be
designated  in  the policy, when such receipt is requested by
the policyholder.
    (b)  A provision that the insured is entitled to a  grace
period  either  of  30  days or of one month within which the
payment of any premium after the first may be  made,  subject
at  the  option  of  the company to an interest charge not in
excess of 6% per annum  for  the  number  of  days  of  grace
elapsing  before  the  payment  of  the premium, during which
period of grace the policy shall continue in  force,  but  in
case  the  policy  becomes  a  claim  during the grace period
before the overdue premium is paid, or the deferred  premiums
of  the  current policy year, if any, are paid, the amount of
such  premium  or  premiums  with  interest  thereon  may  be
deducted in any settlement under the policy.
    (c)  A provision  that  the  policy,  together  with  the
application  therefor, a copy of which shall be endorsed upon
or attached to the policy and  made  a  part  thereof,  shall
constitute  the  entire contract between the parties and that
after it has been in force during the lifetime of the insured
a specified time, not later than 2 years from  its  date,  it
shall  be incontestable except for nonpayment of premiums and
except  at  the  option  of  the  company,  with  respect  to
provisions relative to benefits in the  event  of  total  and
permanent  disability,  and provisions which grant additional
insurance specifically against death by accident  and  except
for  violations  of  the conditions of the policy relating to
naval or military service in time of war or for violation  of
an  express  condition, if any, relating to aviation, (except
riding as a fare-paying passenger of a  commercial  air  line
flying  on  regularly  scheduled  routes  between  definitely
established  airports)  in  which  case  the liability of the
company shall be fixed at a definitely determined amount  not
less  than  the  full reserve for the policy and any dividend
additions; provided that the application therefor need not be
attached to or made a part of any policy containing a  clause
making the policy incontestable from date of issue.
    (d)  A  provision  that if it is found at any time before
final settlement under the policy that the age of the insured
(or the age of the beneficiary, if considered in  determining
the premium) has been misstated, the amount payable under the
policy  shall  be such as the premium would have purchased at
the correct age or ages, according to the company's published
rate at date of issue.
    (e)  A  provision  that  the  policy  shall   participate
annually  in  the  surplus of the company beginning not later
than the end  of  the  third  policy  year;  and  any  policy
containing  provision  for  annual participation beginning at
the end of the first policy year, may also provide that  each
dividend  be  paid subject to the payment of the premiums for
the next ensuing year;  and  the  insured  under  any  annual
dividend  policy  shall  have the right each year to have the
dividend arising from such participation either paid in cash,
or applied in  reduction  of  premiums,  or  applied  to  the
purchase  of  paid-up  additional  insurance,  or  be left to
accumulate to the credit of the policy, with interest at such
rate as may be determined from time to time by  the  company,
but  not less than a guaranteed minimum rate specified in the
policy, and payable  at  the  maturity  of  the  policy,  but
withdrawable on any anniversary date, subject to such further
provisions   as   the   policy   may  provide  regarding  the
application of dividends toward the payment of  any  premiums
unpaid  at  the  end  of the grace period; and if the insured
fails to notify the company in writing of his election within
the period of grace allowed for the payment of  premium,  the
policy  shall  further  provide  which  of  such  options are
effective.
    (f)  A provision that after the policy has been in  force
3  full years the company at any time, while the policy is in
force, will advance, on proper assignment or  pledge  of  the
policy  and  on  the  sole  security  thereof, at a specified
maximum fixed or adjusted rate of interest in accordance with
Section 229.5, a sum equal  to,  or  at  the  option  of  the
insured  less than the amount required by Section 229.3 under
the conditions specified thereby  and  with  notification  as
required  by  Section 229.5; and that the company will deduct
from such loan value any indebtedness not already deducted in
determining such value and any unpaid balance of the  premium
for  the  current  policy  year,  and may collect interest in
advance on the loan to the end of the  current  policy  year;
and  any  policy may also provide that if the interest on the
loan is not paid when due it shall be added to  the  existing
loan  and shall bear interest at the same rate.  No condition
other than as provided herein or in Sections 229.3 and  229.5
shall  be  exacted  as a prerequisite to any such loan.  This
clause shall not apply to term insurance.
    (g)  A provision  for  nonforfeiture  benefits  and  cash
surrender  values  in  accordance  with  the  requirements of
paragraph (1) of Section 229.1 or, Section 229.2.
    (h)  A table showing in figures the loan values  and  the
options available under the policy each year, upon default in
premium  payments,  during at least the first 20 years of the
policy; the policy to contain a provision  that  the  company
will  furnish  upon request an extension of such table beyond
the years shown in the policy.
    (i)  A provision that in  event  of  default  in  premium
payments  the  value of the policy is applied to the purchase
of other insurance as provided in this Section, and  if  such
insurance  is  in  force  and  the  original  policy  is  not
surrendered  to  the company and cancelled, the policy may be
reinstated within 3 years from such default, upon evidence of
insurability satisfactory  to  the  company  and  payment  of
arrears  of  premiums and the payment or reinstatement of any
other indebtedness to  the  company  upon  the  policy,  with
interest on the premiums at a rate not exceeding 6% per annum
payable  annually  and with interest on the indebtedness at a
rate not exceeding the rate prescribed by Section 229.5.
    (j)  A provision that when a policy is  a  claim  by  the
death of the insured settlement shall be made upon receipt of
due  proof  of  death  and  not later than 2 months after the
receipt of such proof.
    (k)  If the policy provides for payment of  its  proceeds
in  installments,  a  table  showing the amount and period of
such installments shall be included in the policy.
    (l)  Interest  shall  accrue  on  the  proceeds   payable
because  of  the death of the insured, from date of death, at
the rate of 9% 6% on the total amount  payable  or  the  face
amount  if  payments are to be made in installments until the
total payment or first installment is paid, unless payment is
made within fifteen (15) days from the date of receipt by the
company of due proof of loss. This provision need not  appear
in   the  policy,  however,  the  company  shall  notify  the
beneficiary at the time of  claim  of  this  provision.   The
payment of interest shall apply to all policies now in force,
as  well  as  those  written after the effective date of this
amendment.
    (m)  Title on the face and on  the  back  of  the  policy
briefly describing its form.
    (n)  A  provision, or a notice attached to the policy, to
the effect that during a period of ten days from the date the
policy  is  delivered  to  the  policy  owner,  it   may   be
surrendered  to  the  insurer together with a written request
for cancellation of the policy and in such event, the insurer
will refund any premium paid therefor, including  any  policy
fees  or  other  charges.  The  Director  may  by rule exempt
specific types of policies  from  the  requirements  of  this
subsection.
    (2)  In the case of the replacement of life insurance, as
defined   in  the  rule  promulgated  by  the  Director,  the
replacing insurer shall either (1) delay the issuance of  its
policy  for  not  less  than  20  days  from  the date it has
transmitted a policy summary to the existing insurer, or  (2)
provide  in  a  form  titled "Notice Regarding Replacement of
Life Insurance", as well as in its policy, or in  a  separate
notice  delivered  with  the policy, that the insured has the
right to an unconditional refund of all  premiums  paid,  and
that  such  right may be exercised within a period of 20 days
commencing from the date of delivery of  such  policy.  Where
option  (2)  is  exercised,  the replacing insurer shall also
transmit a policy summary to the existing  insurer  within  3
working days after the date the replacement policy is issued.
    (3)  Any  of the foregoing provisions or portions thereof
not applicable to single premium or nonparticipating or  term
policies  shall  to  that extent not be incorporated therein.
This Section shall not apply to policies of  reinsurance  nor
to  policies  issued or granted pursuant to the nonforfeiture
provisions prescribed in subparagraph (g) of paragraph (1) of
this Section.
(Source: P.A. 83-598.)

    (215 ILCS 5/357.9a) (from Ch. 73, par. 969.9a)
    Sec.  357.9a.  Delay  in  payment  of  claims.   Periodic
payments  of  accrued  indemnities  for loss-of-time coverage
under accident and health policies shall commence  not  later
than 30 days after the receipt by the company of the required
written  proofs  of  loss.  An  insurer  which  violates this
Section if  liable  under  said  policy,  shall  pay  to  the
insured,  in  addition  to  any other penalty provided for in
this Code, interest at the rate of 9% 8 per  cent  per  annum
from the 30th day after receipt of such proofs of loss to the
date  of  late  payment  of the accrued indemnities, provided
that interest amounting to less than one dollar need  not  be
paid.
(Source: P.A. 79-792.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 03, 2001.
    Approved July 24, 2001.

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