Bill Text: IL SB2608 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Illinois Insurance Code. Sets forth provisions that apply to a certificate of insurance that is issued in connection with a contract related to property, operations, or risks located in this State, regardless of the location of the policyholder, insurer, insurance producer, or person that requests or requires the issuance of the certificate of insurance. Provides that the use of a certificate of insurance form that is unfair, misleading, or deceptive or violates any law is an unfair and deceptive act or practice in the business of insurance. Provides that a certificate of insurance may not amend, extend, or alter the coverage provided under, or confer to a person any rights in addition to the rights expressly provided in, the policy of property or casualty insurance to which the certificate of insurance refers. Provides that a person may not prepare, issue, request, or require the issuance of a certificate of insurance that (1) contains false or misleading information concerning the policy of property or casualty insurance to which the certificate of insurance refers or (2) alters, amends, or extends the coverage provided by the policy of property or casualty insurance to which the certificate of insurance refers. Provides that a certificate of insurance may not contain a warranty that the policy of property or casualty insurance to which the certificate of insurance refers complies with the insurance or indemnification requirements of a contract. Provides that a person is not entitled to notice of, cancellation of, nonrenewal of, or a material change in a policy of property or casualty insurance unless the person has notice rights under the terms of the policy of property or casualty insurance or an endorsement to the policy. Sets forth provisions concerning the Director of Insurance's authority and departmental rules.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0819 [SB2608 Detail]
Download: Illinois-2013-SB2608-Chaptered.html
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| Public Act 098-0819 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Insurance Code is amended by adding | ||||
Section 155.45 as follows:
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(215 ILCS 5/155.45 new) | ||||
Sec. 155.45. Certificates of insurance. | ||||
(a) In this Section: | ||||
"Certificate of insurance"
means a document prepared | ||||
by an insurer or insurance producer
as evidence of property | ||||
or casualty insurance coverage.
"Certificate of insurance" | ||||
does not include a policy of insurance, an
insurance | ||||
binder, a policy endorsement, or a motor vehicle
insurance | ||||
identification or information card. | ||||
"Department" means the Department of Insurance. | ||||
"Director" means the Director of Insurance. | ||||
"Insurance producer" means a person required to be | ||||
licensed under the laws of this State to sell, solicit, or | ||||
negotiate insurance. | ||||
"Insurer" means a company, firm, partnership, | ||||
association, order, society, or system making any kind or | ||||
kinds of insurance and shall include associations | ||||
operating as Lloyds, reciprocal or inter-insurers, or | ||||
individual underwriters. | ||
"Person" means any individual, aggregation of | ||
individuals, trust, association, partnership, or | ||
corporation, or any affiliate thereof. | ||
"Property or casualty insurance"
means the kinds of | ||
insurance described in either or both Class 2 or Class 3 of | ||
Section 4 of this Code. | ||
(b) This Section applies to a certificate of insurance that | ||
is
issued in connection with a contract related to property,
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operations, or risks located in this State, regardless of the | ||
location of
the policyholder, insurer, insurance producer, or | ||
person that
requests or requires the issuance of the | ||
certificate of insurance. | ||
(c) The use of a certificate of insurance form that is | ||
unfair, misleading, or deceptive or
violates any law
is an | ||
unfair and deceptive act or practice in the business of
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insurance under Article XXVI of this Code. | ||
(d) A certificate of insurance may not amend, extend, or | ||
alter the coverage provided under, or
confer to a person any | ||
rights in addition to the rights
expressly provided in,
the | ||
policy of property or casualty insurance to which the | ||
certificate
of insurance refers. | ||
(e) A person may not prepare, issue, request, or
require | ||
the issuance of a certificate of insurance that: | ||
(1) contains false or misleading information | ||
concerning the policy of property or casualty insurance to | ||
which the certificate
of insurance refers; or | ||
(2) alters, amends, or extends the coverage provided by
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the policy of property or casualty insurance to which the | ||
certificate
of insurance refers. | ||
(f) A certificate of insurance may not contain a
warranty | ||
that the policy of property or casualty insurance to which
the | ||
certificate of insurance refers complies with the insurance or
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indemnification requirements of a contract. The inclusion of a | ||
contract number or contract description
in a certificate of | ||
insurance does not warrant that the policy of
property or | ||
casualty insurance to which the certificate of insurance
refers | ||
complies with the insurance or indemnification requirements
of | ||
the contract. | ||
(g) A person is not entitled to notice of, cancellation of, | ||
nonrenewal of, or
a material change in
a policy of property or | ||
casualty insurance unless the person has
notice rights under | ||
the terms of the policy of property or casualty
insurance or an | ||
endorsement to the policy.
The terms and conditions of notice | ||
described in this subsection
(g) are governed by the policy of | ||
property or casualty insurance or
an endorsement to the policy | ||
and are not altered by a certificate of
insurance. | ||
(h) A certificate of insurance or any other document that | ||
is
prepared, issued, requested, or required in violation of | ||
this Section
is void. | ||
(i) The Director may refer a matter to the Department of | ||
Financial and Professional Regulation for review pursuant to | ||
the rules of that department if the Director has reason to | ||
believe that a certificate of
insurance form as described in | ||
subsection (c) of this Section has been provided by a
financial | ||
institution. | ||
(j) The Director may examine and investigate the
activities | ||
of a person that the Director reasonably believes has
violated | ||
the provisions of this Section. The Director shall have the | ||
power to enforce the provisions of this Section and impose any | ||
authorized penalty or remedy as provided under Section 401 of | ||
this Code upon any person who violates the provisions of this | ||
Section. | ||
(k) The Department may adopt rules to
implement the | ||
provisions of this Section.
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