Illinois House Bill HB4842

Illinois 2023-2024 Regular Session

• Introduced: 2/6/24
• Refer: 2/7/24

Caption

INS CD-SECONDARY SOURCES

Impact

The immediate effect of this legislation is to solidify the primacy of established state law and avoid confusion arising from interpretations based on secondary sources. By restricting these sources from being recognized as persuasive authority, the bill seeks to ensure that legal determinations and public policies are strictly aligned with established statutes, case law, and constitutional mandates. This could reduce litigation uncertainty and provide clearer guidelines for legal practitioners and stakeholders in the insurance industry regarding compliance and regulatory matters.

Summary

House Bill 4842, introduced by Rep. Anthony DeLuca, amends the Illinois Insurance Code by adding Section 2.3. This new section clarifies the status of secondary sources of information on insurance, explicitly stating that such sources—including legal treatises, scholarly publications, and textbooks—do not constitute the law or public policy of Illinois. This indicates that these secondary sources cannot be used as persuasive authority in court if they seek to create, modify or restrict any legal rights or remedies as established by the Constitution, state law, or existing case law.

Contention

While the bill aims to streamline the interpretation of insurance law and maintain clarity in legal proceedings, it may raise concerns among legal scholars and practitioners who rely on scholarly publications for contextual understanding of insurance laws. Critics might argue that limiting the influence of these secondary resources could lead to a narrow interpretation of the law, potentially hindering legal innovation and discourse in the insurance sector. Balancing the rigid application of statutes with the insights provided by secondary sources could become a point of contention in future discussions around insurance regulations in Illinois.