In any event, Economy is wrong. Whether a change is material is not determined by what an insurer claims it believes to be material. 292 Ill. App. Thus, the addition of the lead paint exclusion precluding such coverage was a material change in the policy and the Act's notice requirement applies. Economy's arguments regarding constructive notice are irrelevant in view of the clear statutory mandate regarding proper actual notice.
Economy contends, nevertheless, that it provided actual notice.
Please refer to your policy and its endorsements for the exact changes. The form contains additional language to the effect that the insureds should contact their independent insurance agent if they have any questions. As a matter of law, this is insufficient notice. Attempting to impose this burden is an attempt to circumvent the clear requirements of the Act. We agree with the trial court that the notice itself must inform the insured of the change and not refer the insured to the fine print.