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92_HB3780 LRB9212750JSpc 1 AN ACT concerning insurance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Insurance Code is amended by 5 changing Section 155.38 as follows: 6 (215 ILCS 5/155.38) 7 Sec. 155.38.
155.37. Use ofCredit report use reportsin 8 connection with certain policies. 9 (a) This Section applies to policies of insurance 10 defined in subsections (a), (b), and (c) of Section 143.13, 11 except that this Section does not apply to those personal 12 lines policies defined in subsection (c) of Section 143.13 13 that could be classified under clause (g) or (i) of Class 2 14 of Section 4 or to policies of insurance subject to Article 15 IX 1/2. 16 (b) An insurance company authorized to do business in 17 this State may not refuse to issue or renew a policy of 18 insurance solely on the basis of a credit report. An offer by 19 an insurance company to write a policy through an insurer 20 that is an affiliate, as defined in Section 131.1 of this 21 Code, with continuous coverage does not constitute a refusal 22 to issue a policy or a nonrenewal within the meaning of this 23 Section. "Credit report" means a collection of data regarding 24 a consumer's credit history, credit capacity, or credit 25 worthiness that has been assembled or evaluated by a consumer 26 reporting agency as defined in 15 USC 1681a(f). 27 (c) If a credit report is used in conjunction with other 28 criteria to underwrite an application or renewal of a policy 29 of insurance, it may not include or be based upon the race, 30 income, gender, religion, or national origin of the applicant 31 or insured. -2- LRB9212750JSpc 1 (d) If a credit report is used in conjunction with other 2 criteria to refuse to issue or renew a policy of insurance, 3 the insurer shall provide the applicant or policyholder with 4 a notice of the underwriting action taken. For purposes of 5 this Section, compliance with the notification requirements 6 of the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et 7 seq., shall be considered to be in compliance with this 8 Section. 9 (Source: P.A. 92-480, eff. 10-1-01; revised 10-17-01.)
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