Bill Text: IL HB3064 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Increases the minimum mandatory coverage amounts for liability insurance policies in this State and increases the amounts sufficient to satisfy a judgment following a motor vehicle accident as follows: bodily injury or death to any one person from $20,000 to $50,000; bodily injury or death to more than one person from $40,000 to $100,000; and injury or destruction of property of others from $15,000 to $40,000.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3064 Detail]
Download: Illinois-2011-HB3064-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||||||
5 | Sections 1-164.5, 7-203, 7-311, and 7-317 as follows:
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6 | (625 ILCS 5/1-164.5)
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7 | Sec. 1-164.5. Proof of financial responsibility. Proof of | |||||||||||||||||||||||||
8 | ability to
respond in damages for any liability thereafter | |||||||||||||||||||||||||
9 | incurred resulting from the
ownership, maintenance, use or | |||||||||||||||||||||||||
10 | operation of a motor vehicle for bodily injury
to or death of | |||||||||||||||||||||||||
11 | any person in the amount of $50,000 $20,000 , and subject to | |||||||||||||||||||||||||
12 | this limit
for any one person injured or killed, in the amount | |||||||||||||||||||||||||
13 | of $100,000 $40,000 for bodily
injury to or death of 2 or more | |||||||||||||||||||||||||
14 | persons in any one accident, and for damage to
property in the | |||||||||||||||||||||||||
15 | amount of $40,000 $15,000 resulting from any one accident. This | |||||||||||||||||||||||||
16 | proof
in these amounts shall be furnished for each motor | |||||||||||||||||||||||||
17 | vehicle registered by every
person required to furnish this | |||||||||||||||||||||||||
18 | proof.
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19 | (Source: P.A. 90-89, eff. 1-1-98.)
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20 | (625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
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21 | Sec. 7-203. Requirements as to policy or bond. No such | |||||||||||||||||||||||||
22 | policy or bond referred to in Section 7-202 shall
be effective |
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1 | under this Section unless issued by an insurance company or
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2 | surety company authorized to do business in this State, except | ||||||
3 | that if
such motor vehicle was not registered in this State, or | ||||||
4 | was a motor
vehicle which was registered elsewhere than in this | ||||||
5 | State at the
effective date of the policy or bond, or the most | ||||||
6 | recent renewal
thereof, such policy or bond shall not be | ||||||
7 | effective under this Section
unless the insurance company or | ||||||
8 | surety company, if not authorized to do
business in this State, | ||||||
9 | shall execute a power of attorney authorizing
the Secretary of | ||||||
10 | State to accept service on its behalf of notice or
process in | ||||||
11 | any action upon such policy or bond arising out of such
motor | ||||||
12 | vehicle accident. However, every such policy or bond is | ||||||
13 | subject, if
the motor vehicle accident has resulted in bodily | ||||||
14 | injury or death, to
a limit, exclusive of interest and costs, | ||||||
15 | of not less than $50,000 $20,000 because of
bodily injury to or | ||||||
16 | death of any one person in any one motor vehicle
accident and, | ||||||
17 | subject to said limit for one person, to a limit of not less | ||||||
18 | than
$100,000 $40,000 because of bodily injury to or death of 2 | ||||||
19 | or more persons
in any one motor vehicle accident, and, if the | ||||||
20 | motor vehicle accident
has resulted in injury to or destruction | ||||||
21 | of property, to a limit of not
less than $40,000 $15,000 | ||||||
22 | because of injury to or destruction of
property of others
in | ||||||
23 | any one motor vehicle accident.
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24 | Upon receipt of a written motor vehicle accident
report | ||||||
25 | from the Administrator the insurance company or surety company
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26 | named in such notice shall notify the Administrator within such |
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1 | time and
in such manner as the Administrator may require, in | ||||||
2 | case such policy or
bond was not in effect at the time of such | ||||||
3 | motor vehicle accident.
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4 | (Source: P.A. 85-730.)
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5 | (625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
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6 | Sec. 7-311. Payments sufficient to satisfy requirements.
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7 | (a) Judgments herein referred to arising out of motor vehicle | ||||||
8 | accidents
occurring on or after the effective date of this | ||||||
9 | amendatory Act of the 97th General Assembly January 1, 1956 , | ||||||
10 | shall for the purpose of this
Chapter be deemed satisfied:
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11 | 1. When $50,000 $20,000 has been credited upon any judgment | ||||||
12 | or judgments
rendered in excess of that amount for bodily | ||||||
13 | injury to or the death of
one person as the result of any one | ||||||
14 | motor vehicle accident; or
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15 | 2. When, subject to said limit of $50,000 $20,000 as to any | ||||||
16 | one person, the sum
of $100,000 $40,000 has been credited upon | ||||||
17 | any judgment or judgments rendered
in excess of that amount for | ||||||
18 | bodily injury to or the death of more than
one person as the | ||||||
19 | result of any one motor vehicle accident; or
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20 | 3. When $40,000 $15,000 has been credited upon any judgment | ||||||
21 | or judgments,
rendered in excess of that amount for damages to | ||||||
22 | property of others as a
result of any one motor vehicle | ||||||
23 | accident.
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24 | (b) Credit for such amounts shall be deemed a satisfaction | ||||||
25 | of any such
judgment or judgments in excess of said amounts |
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1 | only for the purposes of
this Chapter.
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2 | (c) Whenever payment has been made in settlement of any | ||||||
3 | claim for bodily
injury, death or property damage arising from | ||||||
4 | a motor vehicle accident
resulting in injury, death or property | ||||||
5 | damage to two or more persons in
such accident, any such | ||||||
6 | payment shall be credited in reduction of the
amounts provided | ||||||
7 | for in this Section.
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8 | (Source: P.A. 85-730.)
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9 | (625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
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10 | Sec. 7-317. "Motor vehicle liability policy" defined. (a)
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11 | Certification. -A "motor vehicle liability policy", as that | ||||||
12 | term is
used in this Act, means an "owner's policy" or an | ||||||
13 | "operator's policy" of
liability insurance, certified as | ||||||
14 | provided in Section 7-315 or Section
7-316 as proof of | ||||||
15 | financial responsibility for the future, and issued,
except as | ||||||
16 | otherwise provided in Section 7-316, by an insurance carrier
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17 | duly authorized to transact business in this State, to or for | ||||||
18 | the
benefit of the person named therein as insured.
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19 | (b) Owner's Policy. --Such owner's policy of liability | ||||||
20 | insurance:
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21 | 1. Shall designate by explicit description or by | ||||||
22 | appropriate
reference, all motor vehicles with respect to which | ||||||
23 | coverage is thereby
intended to be granted;
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24 | 2. Shall insure the person named therein and any other | ||||||
25 | person using
or responsible for the use of such motor vehicle |
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1 | or vehicles with the
express or implied permission of the | ||||||
2 | insured;
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3 | 3. Shall insure every named insured and any other person | ||||||
4 | using or
responsible for the use of any motor vehicle owned by | ||||||
5 | the named insured
and used by such other person with the | ||||||
6 | express or implied permission of
the named insured on account | ||||||
7 | of the maintenance, use or operation of any
motor vehicle owned | ||||||
8 | by the named insured, within the continental limits
of the | ||||||
9 | United States or the Dominion of Canada against loss from
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10 | liability imposed by law arising from such maintenance, use or
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11 | operation, to the extent and aggregate amount, exclusive of | ||||||
12 | interest and
cost, with respect to each motor vehicle, of | ||||||
13 | $50,000 $20,000 for bodily injury
to or death of one person as | ||||||
14 | a result of any one accident and, subject
to such limit as to | ||||||
15 | one person, the amount of $100,000 $40,000 for bodily injury
to | ||||||
16 | or death of all persons as a result of any one accident and the
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17 | amount of $40,000 $15,000 for damage to property of others as a | ||||||
18 | result of any
one accident.
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19 | (c) Operator's Policy. --When an operator's policy is | ||||||
20 | required, it
shall insure the person named therein as insured | ||||||
21 | against the liability
imposed by law upon the insured for | ||||||
22 | bodily injury to or death of any
person or damage to property | ||||||
23 | to the amounts and limits above set forth
and growing out of | ||||||
24 | the use or operation by the insured within the
continental | ||||||
25 | limits of the United States or the Dominion of Canada of any
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26 | motor vehicle not owned by him.
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1 | (d) Required Statements in Policies. --Every motor vehicle | ||||||
2 | liability
policy must specify the name and address of the | ||||||
3 | insured, the coverage
afforded by the policy, the premium | ||||||
4 | charged therefor, the policy period,
and the limits of | ||||||
5 | liability, and shall contain an agreement that the
insurance | ||||||
6 | thereunder is provided in accordance with the coverage defined
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7 | in this Act, as respects bodily injury and death or property | ||||||
8 | damage or
both, and is subject to all the provisions of this | ||||||
9 | Act.
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10 | (e) Policy Need Not Insure Workers' Compensation. --Any | ||||||
11 | liability
policy or policies issued hereunder need not cover | ||||||
12 | any liability of the
insured assumed by or imposed upon the | ||||||
13 | insured under any workers'
compensation law nor any liability | ||||||
14 | for damage to property in charge of
the insured or the | ||||||
15 | insured's employees.
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16 | (f) Provisions Incorporated in Policy. --Every motor | ||||||
17 | vehicle
liability policy is subject to the following provisions | ||||||
18 | which need not
be contained therein:
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19 | 1. The liability of the insurance carrier under any such | ||||||
20 | policy
shall become absolute whenever loss or damage covered by | ||||||
21 | the policy
occurs and the satisfaction by the insured of a | ||||||
22 | final judgment for such
loss or damage shall not be a condition | ||||||
23 | precedent to the right or
obligation of the carrier to make | ||||||
24 | payment on account of such loss or
damage.
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25 | 2. No such policy may be cancelled or annulled as respects | ||||||
26 | any loss
or damage, by any agreement between the carrier and |
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1 | the insured after
the insured has become responsible for such | ||||||
2 | loss or damage, and any such
cancellation or annulment shall be | ||||||
3 | void.
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4 | 3. The insurance carrier shall, however, have the right to | ||||||
5 | settle
any claim covered by the policy, and if such settlement | ||||||
6 | is made in good
faith, the amount thereof shall be deductible | ||||||
7 | from the limits of
liability specified in the policy.
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8 | 4. The policy, the written application therefor, if any, | ||||||
9 | and any
rider or endorsement which shall not conflict with the | ||||||
10 | provisions of
this Act shall constitute the entire contract | ||||||
11 | between the parties.
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12 | (g) Excess or Additional Coverage. --Any motor vehicle | ||||||
13 | liability
policy may, however, grant any lawful coverage in | ||||||
14 | excess of or in
addition to the coverage herein specified or | ||||||
15 | contain any agreements,
provisions, or stipulations not in | ||||||
16 | conflict with the provisions of this
Act and not otherwise | ||||||
17 | contrary to law.
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18 | (h) Reimbursement Provision Permitted. --The policy may | ||||||
19 | provide that
the insured, or any other person covered by the | ||||||
20 | policy shall reimburse
the insurance carrier for payment made | ||||||
21 | on account of any loss or damage
claim or suit involving a | ||||||
22 | breach of the terms, provisions or conditions
of the policy; | ||||||
23 | and further, if the policy shall provide for limits in
excess | ||||||
24 | of the limits specified in this Act, the insurance carrier may
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25 | plead against any plaintiff, with respect to the amount of such | ||||||
26 | excess
limits of liability, any defense which it may be |
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1 | entitled to plead
against the insured.
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2 | (i) Proration of Insurance Permitted. --The policy may | ||||||
3 | provide for
the pro-rating of the insurance thereunder with | ||||||
4 | other applicable valid
and collectible insurance.
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5 | (j) Binders. --Any binder pending the issuance of any | ||||||
6 | policy, which
binder contains or by reference includes the | ||||||
7 | provisions hereunder shall
be sufficient proof of ability to | ||||||
8 | respond in damages.
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9 | (k) Copy of Policy to Be Filed with Department of
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10 | Insurance--Approval. --A copy of the form of every motor | ||||||
11 | vehicle
liability policy which is to be used to meet the | ||||||
12 | requirements of this
Act must be filed, by the company offering | ||||||
13 | such policy, with the
Department of Insurance, which shall | ||||||
14 | approve or disapprove the policy
within 30 days of its filing. | ||||||
15 | If the Department approves the policy in
writing within such 30 | ||||||
16 | day period or fails to take action for 30 days,
the form of | ||||||
17 | policy shall be deemed approved as filed. If within the 30
days | ||||||
18 | the Department disapproves the form of policy filed upon the | ||||||
19 | ground
that it does not comply with the requirements of this | ||||||
20 | Act, the
Department shall give written notice of its decision | ||||||
21 | and its reasons
therefor to the carrier and the policy shall | ||||||
22 | not be accepted as proof of
financial responsibility under this | ||||||
23 | Act.
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24 | (l) Insurance Carrier Required to File Certificate. --An | ||||||
25 | insurance
carrier who has issued a motor vehicle liability | ||||||
26 | policy or policies or
an operator's policy meeting the |
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1 | requirements of this Act shall, upon
the request of the insured | ||||||
2 | therein, deliver to the insured for filing,
or at the request | ||||||
3 | of the insured, shall file direct, with the Secretary
of State | ||||||
4 | a certificate, as required by this Act, which shows that such
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5 | policy or policies have been issued. No insurance carrier may | ||||||
6 | require
the payment of any extra fee or surcharge, in addition | ||||||
7 | to the insurance
premium, for the execution, delivery or filing | ||||||
8 | of such certificate.
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9 | (m) Proof When Made By Endorsement. --Any motor vehicle | ||||||
10 | liability
policy which by endorsement contains the provisions | ||||||
11 | required hereunder
shall be sufficient proof of ability to | ||||||
12 | respond in damages.
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13 | (Source: P.A. 85-730.)
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