Sec. 143.19. Cancellation of automobile insurance policy; grounds.

531 words·~2 min read·/il/chapter-215/act-5/143-19

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Sec. 143.19. Cancellation of automobile insurance policy; grounds. After a policy of automobile insurance as defined in Section 143.13(a) has been effective for 60 days, or if such policy is a renewal policy, the insurer shall not exercise its option to cancel such policy except for one or more of the following reasons:

a. Nonpayment of premium;

b. The policy was obtained through a material misrepresentation;

c. Any insured violated any of the terms and conditions of the policy;

d. The named insured failed to disclose fully his motor vehicle crashes and moving

traffic violations for the preceding 36 months if called for in the application;

e. Any insured made a false or fraudulent claim or knowingly aided or abetted another in

the presentation of such a claim;

f. The named insured or any other operator who either resides in the same household or

customarily operates an automobile insured under such policy:

1. has, within the 12 months prior to the notice of cancellation, had his driver's

license under suspension or revocation;

2. is or becomes subject to epilepsy or heart attacks, and such individual does not

produce a certificate from a physician testifying to his unqualified ability to operate a motor vehicle safely;

3. has a crash record, conviction record (criminal or traffic), physical, or mental

condition which is such that his operation of an automobile might endanger the public safety;

4. has, within the 36 months prior to the notice of cancellation, been addicted to

the use of narcotics or other drugs; or

5. has been convicted, or had pretrial release revoked, during the 36 months

immediately preceding the notice of cancellation, for any felony, criminal negligence resulting in death, homicide or assault arising out of the operation of a motor vehicle, operating a motor vehicle while in an intoxicated condition or while under the influence of drugs, being intoxicated while in, or about, an automobile or while having custody of an automobile, leaving the scene of a crash without stopping to report, theft or unlawful taking of a motor vehicle, making false statements in an application for an operator's or chauffeur's license or has been convicted or pretrial release has been revoked for 3 or more violations within the 12 months immediately preceding the notice of cancellation, of any law, ordinance, or regulation limiting the speed of motor vehicles or any of the provisions of the motor vehicle laws of any state, violation of which constitutes a misdemeanor, whether or not the violations were repetitions of the same offense or different offenses;

g. The insured automobile is:

1. so mechanically defective that its operation might endanger public safety;

2. used in carrying passengers for hire or compensation (the use of an automobile

for a car pool shall not be considered use of an automobile for hire or compensation);

3. used in the business of transportation of flammables or explosives;

4. an authorized emergency vehicle;

5. changed in shape or condition during the policy period so as to increase the risk

substantially; or

6. subject to an inspection law and has not been inspected or, if inspected, has

failed to qualify.

Nothing in this Section shall apply to nonrenewal.