HB 2393 — INS CD-POLICY INFO-RENEWAL

HB2393 EngrossedEnrolled LRB098 08558 RPM 38672 b AN ACT concerning insurance.

Uninsured motor vehicle coverage does not apply to bodily injury, sickness, disease, or HB2393 EngrossedEnrolled - 2 - LRB098 08558 RPM 38672 b death resulting therefrom, of an insured while occupying a motor vehicle owned by, or furnished or available for the regular use of the insured, a resident spouse or resident relative, if that motor vehicle is not described in the policy under which a claim is made or is not a newly acquired or replacement motor vehicle covered under the terms of the policy.

HB2393 EngrossedEnrolled - 3 - LRB098 08558 RPM 38672 b Alternatively, disputes with respect to damages and the coverage shall be determined in the following manner:

(1) bills, records, and reports of hospitals, doctors, dentists, registered nurses, licensed practical nurses, physical therapists, and other HB2393 EngrossedEnrolled - 4 - LRB098 08558 RPM 38672 b healthcare providers;

Any such subpoena shall be issued in HB2393 EngrossedEnrolled - 5 - LRB098 08558 RPM 38672 b substantially similar form and served by notice as provided by Illinois Supreme Court Rule 204(a)(4).

(2) No policy insuring against loss resulting from HB2393 EngrossedEnrolled - 6 - LRB098 08558 RPM 38672 b liability imposed by law for property damage arising out of the ownership, maintenance, or use of a motor vehicle shall be renewed, delivered, or issued for delivery in this State with respect to any private passenger or recreational motor vehicle that is designed for use on public highways and that is either required to be registered in this State or is principally garaged in this State and is not covered by collision insurance under the provisions of such policy, unless coverage is made available in the amount of the actual cash value of the motor vehicle described in the policy or $15,000 whichever is less, subject to a $250 deductible, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of property damage to the motor vehicle described in the policy.

Each insurance company providing motor vehicle property damage liability insurance shall advise applicants of the availability of uninsured motor vehicle property damage HB2393 EngrossedEnrolled - 7 - LRB098 08558 RPM 38672 b coverage, the premium therefor, and provide a brief description of the coverage.

(iii) Any claim submitted shall include the name and address of the owner of the at-fault uninsured motor vehicle, or a registration number and description of the vehicle, or any other available information to establish HB2393 EngrossedEnrolled - 8 - LRB098 08558 RPM 38672 b that there is no applicable motor vehicle property damage liability insurance.

(2) the written opinion of an opinion witness, the deposition of a witness, and the statement of a witness that the witness would be allowed to express if HB2393 EngrossedEnrolled - 9 - LRB098 08558 RPM 38672 b testifying in person, if the opinion or statement is made by affidavit or by certification as provided in Section 1-109 of the Code of Civil Procedure;

(B) Notwithstanding the provisions of Supreme Court Rule 213(g), a party who proposes to use a written opinion of an expert or opinion witness or the testimony of an expert or opinion witness at the hearing may do so provided a written notice of that intention is given to every other party not less than 60 days prior to the date of hearing, accompanied by a statement containing the identity of the witness, his or her qualifications, the subject matter, the HB2393 EngrossedEnrolled - 10 - LRB098 08558 RPM 38672 b basis of the witness's conclusions, and his or her opinion.

Nothing in this Section may be construed to prevent any HB2393 EngrossedEnrolled - 11 - LRB098 08558 RPM 38672 b insurer from extending coverage under terms and conditions more favorable to its insureds than is required by this Section.

(6) Failure of the motorist from whom the claimant is legally entitled to recover damages to file the appropriate forms with the Safety Responsibility Section of the Department of Transportation within 120 days of the accident date shall HB2393 EngrossedEnrolled - 12 - LRB098 08558 RPM 38672 b create a rebuttable presumption that the motorist was uninsured at the time of the injurious occurrence.