State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 002 ]
[ Senate Amendment 001 ]

91_SB1024

 
                                               LRB9103039JSpc

 1        AN ACT to amend the Illinois Insurance Code  by  changing
 2    Section 143.17.

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

 5        Section 5.  The Illinois Insurance  Code  is  amended  by
 6    changing Section 143.17 as follows:

 7        (215 ILCS 5/143.17) (from Ch. 73, par. 755.17)
 8        Sec. 143.17.  Notice of intention not to renew.
 9        a.  No   company  shall  fail  to  renew  any  policy  of
10    insurance, as defined in subsections (a), (b), (c),  and  (h)
11    of Section 143.13, to which Section 143.11 applies, unless it
12    sends  shall  send  by  mail to the named insured at least 30
13    days advance notice of  its  intention  not  to  renew.   The
14    company  shall  maintain proof of mailing of such notice on a
15    recognized U.S. Post Office form or a form acceptable to  the
16    U.  S. Post Office or other commercial mail delivery service.
17    An exact and unaltered copy of such notice shall also be sent
18    to the insured's broker, if known, or the agent of record and
19    to the mortgagee or lien holder at the last  mailing  address
20    known  by  the  company.  However,  where cancellation is for
21    nonpayment of premium, the notice  of  cancellation  must  be
22    mailed  at  least  10  days  before the effective date of the
23    cancellation.
24        b.  This Section  does  not  apply  if  the  company  has
25    manifested  its  willingness  to  renew directly to the named
26    insured. Such written notice shall specify the premium amount
27    payable, including any premium payment  plan  available,  and
28    the  name  of  any  person  or persons, if any, authorized to
29    receive payment on behalf of the company.  If no person is so
30    authorized, the premium notice shall so state.  The notice of
31    nonrenewal and the proof of mailing shall be effected on  the
 
                            -2-                LRB9103039JSpc
 1    same date.
 2        c.  Should  a  company  fail to comply with (a) or (b) of
 3    this  Section,  the  policy  shall  terminate  only  on   the
 4    effective  date  of  any  similar  insurance  procured by the
 5    insured  with  respect  to  the  same  subject  or   location
 6    designated in both policies.
 7        d.  Renewal  of  a policy does not constitute a waiver or
 8    estoppel with  respect  to  grounds  for  cancellation  which
 9    existed before the effective date of such renewal.
10        e.  In  all  notices of intention not to renew any policy
11    of insurance, as defined in Section 143.11 the company  shall
12    provide a specific explanation of the reasons for nonrenewal.
13    (Source: P.A. 89-669, eff. 1-1-97.)

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