215 ILCS 5/143.17
Notice of intention not to renew
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(215 ILCS 5/143.17)
(from Ch. 73, par. 755.17)
Sec. 143.17. Notice of intention not to renew.
a. No company shall fail
to renew any policy of insurance, as defined in subsections (a), (b),
(c), and (h) of Section 143.13, to which Section 143.11 applies, unless it
shall
send by mail to the named insured at least 30 days advance notice of its
intention not to renew. The company shall maintain proof of mailing of
such notice on a recognized U.S. Post Office form or a form acceptable to
the U. S. Post Office or other commercial mail delivery service. The nonrenewal shall not become effective until at least 30 days from the proof of mailing date of the notice to the name insured. Notification shall also be sent to the insured's
broker, if known, or the agent of record, if known, and to the last known mortgagee or lien
holder. For purposes of this Section, the mortgagee or lien holder, insured's broker, or the agent of record may opt to accept notification electronically. However, where
cancellation is for nonpayment of premium, the notice
of
cancellation must be mailed at least 10 days before the
effective date of the cancellation.
b. This Section does not apply if the company has manifested its
willingness to renew directly to the named insured.
Such written notice shall specify the premium amount payable, including
any premium payment plan available, and the name of any person or persons,
if any, authorized to receive payment on behalf of the company. If no
person is so authorized, the premium notice shall so state.
b-5. This Section does not apply if the company manifested its
willingness to renew directly to the named insured. However, no company may
impose changes in deductibles or coverage for any policy forms applicable to an
entire line of business enumerated in subsections (a), (b), (c), and (h) of
Section 143.13 to which Section 143.11 applies unless the company mails to the
named insured written notice of the change in deductible or coverage at least
60 days prior to the renewal or anniversary date. Notice shall also be sent to the insured's broker, if known, or the
agent of record.
c. Should a company fail to comply with (a) or (b) of this Section,
the policy shall terminate only on the effective date of any similar
insurance procured by the insured with respect to the same subject or
location designated in both policies.
d. Renewal of a policy does not constitute a waiver or estoppel with
respect to grounds for cancellation which existed before the effective
date of such renewal.
e. In all notices of intention not to renew any policy of insurance,
as defined in Section 143.11 the company shall provide the named insured a specific
explanation of the reasons for nonrenewal.
f. For purposes of this Section, the insured's broker, if known, or the agent of record and the mortgagee or lien holder may opt to accept notification electronically.
(Source: P.A. 100-475, eff. 1-1-18.)
Notes of Decisions
Cited in 8
cases, 1998–2016 · leading case: Cincinnati Insurance Company v. Chapman
Cincinnati Insurance Company v. Chapman (2016)
“1-15-0919 TCPA exclusion in the 2006 Policy, which was added upon renewal of the 2003-06 Policy, was not enforceable because Cincinnati had failed to give 30 days' advance notice as required by Illinois statute (215 ILCS 5/143.17 (West 2008)). Cincinnati argued that the…”
Allstate Property & Casualty Insurance Company v. Trujillo (2014)
“17(a) of the Illinois Insurance Code (Insurance Code) (215 ILCS 5/143.17(a) (West 2008)). As the record establishes the amendatory endorsement was previously part of Delgado’s policy, there was no genuine issue of material fact regarding notification of a material reduction in…”
Elson v. State Farm Fire & Casualty Co. (1998)
“215 ILCS 5/143.17 (West 1994). Plaintiffs allege that defendant violated this section of the Code on the same basis the breach of contract was alleged.”
Hastings Mutual Insurance Company v. Ultimate Backyard (2012)
“Vasquez states that Hastings Mutual is not proposing a question of law but is in fact asking the court to make factual determinations regarding what date Hastings Mutual provided notice to NCCI of the cancellation of the insurance policy.”
Sieron & Associates, Inc. v. Department of Insurance (2006)
“Although mandated by the State of Illinois, the FAIR Plan Association is an insurer, and the Illinois Insurance Code merely requires it to notify an insured of its intention not to renew a policy at least 30 days before the policy expires (215 ILCS 5/143.17(a) (West 2004)). If…”
Hastings Mut. Ins. Co. v. Ultimate Backyard (2012)
“Vasquez states that Hastings Mutual is not proposing a question of law but is in fact asking the court to make factual determinations regarding what date Hastings Mutual provided notice to NCCI of the cancellation of the insurance policy.”
S.M. Acquisition Co. v. Euler American Credit Indemnity Co. (In Re S.M. Acquisition Co.) (2004)
“17 [215 ILCS 5/143.17] and (2) the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer or the issuance and delivery of a certificate or notice extending the term of a policy…”
Elson v. State Farm Fire & Casualty Co. (1998)
“215 ILCS 5/143.17 (West 1994). Plaintiffs allege that defendant violated this section of the Code on the same basis the breach of contract was alleged.”
— 215 ILCS 5/143.17(a) — 3 cases
Allstate Property & Casualty Insurance Company v. Trujillo (2014)
“17(a) of the Illinois Insurance Code (Insurance Code) (215 ILCS 5/143.17(a) (West 2008)). As the record establishes the amendatory endorsement was previously part of Delgado’s policy, there was no genuine issue of material fact regarding notification of a material reduction in…”
Cincinnati Insurance Company v. Chapman (2016)
“1-15-0919 TCPA exclusion in the 2006 Policy, which was added upon renewal of the 2003-06 Policy, was not enforceable because Cincinnati had failed to give 30 days' advance notice as required by Illinois statute (215 ILCS 5/143.17 (West 2008)). Cincinnati argued that the…”
Sieron & Associates, Inc. v. Department of Insurance (2006)
“Although mandated by the State of Illinois, the FAIR Plan Association is an insurer, and the Illinois Insurance Code merely requires it to notify an insured of its intention not to renew a policy at least 30 days before the policy expires (215 ILCS 5/143.17(a) (West 2004)). If…”
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