Sen. William R. Haine
Filed: 4/3/2014
 
 


 




09800SB0644sam001LRB098 04880 JLS 57928 a



1
AMENDMENT TO SENATE BILL 644




2 AMENDMENT NO. ______. Amend Senate Bill 644 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Insurance Code is amended by 
5changing Section 143.24d as follows:

6 (215 ILCS 5/143.24d)
7 Sec. 143.24d. Arbitration of physical damage subrogation 
8claims between insurers in certain cases.
9 (a) With respect to physical damage subrogation claims 
10arising from auto damages incurred on or after January 1, 2012, 
11insurers shall arbitrate and settle such claims where the 
12amount in controversy, exclusive of the costs of the 
13arbitration, is less than $2,500. Such arbitration shall be in 
14accordance with the terms of and rules adopted pursuant to the 
15Nationwide Inter-Company Arbitration Agreement, or any 
16successor thereto, as adopted and from time to time amended by 
 
 
09800SB0644sam001- 2 -LRB098 04880 JLS 57928 a


1its members, unless the parties on a case-by-case basis 
2mutually agree to use another forum; the alternate forum may 
3include a court of competent jurisdiction, in which case the 
4claim shall be arbitrated or tried in that alternate forum. 
5Mandatory arbitration of disputed claims shall be limited 
6solely to the issues of liability and damages. Nothing in this 
7Section shall preclude a party from seeking resolution in a 
8court of competent jurisdiction after a decision has been 
9rendered in an arbitration. 
10 (b) Nothing in this Section shall be interpreted to require 
11an insurer to become a member of any organization or to sign 
12the Nationwide Inter-Company Arbitration Agreement.

13(Source: P.A. 97-513, eff. 1-1-12.)".