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IL HB3358

IL HB3358
INS CD-SECONDARY SOURCES


summary

Introduced
02/07/2025
In Committee
03/21/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Illinois Insurance Code. Provides that a secondary source on insurance, including a legal treatise, scholarly publication, textbook, or other explanatory text, does not constitute the law or public policy of the State, and the secondary source on insurance is not persuasive authority if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with the United States Constitution or the Illinois Constitution, State law, this State's case law precedent, or other common law that may have been adopted by this State. Effective immediately.

AI Summary

This bill amends the Illinois Insurance Code by adding a new section that clarifies the legal status of secondary sources in insurance-related matters. Specifically, the bill stipulates that secondary sources such as legal treatises, scholarly publications, textbooks, and other explanatory texts do not constitute state law or public policy. Furthermore, these sources will not be considered persuasive authority if they attempt to create, eliminate, expand, or restrict legal causes of action, rights, or remedies, or if they conflict with the United States Constitution, the Illinois Constitution, state law, existing case law precedents, or other common law adopted by the state. In essence, the bill aims to limit the potential influence of academic or explanatory texts in legal interpretations related to insurance, ensuring that such sources cannot supersede or contradict established legal frameworks and constitutional principles.

Committee Categories

Justice

Sponsors (1)

Last Action

Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)

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