Public Act 90-0245 of the 90th General Assembly
Public Act 90-0245
SB490 Enrolled LRB9003090JSgc
AN ACT to amend the Illinois Insurance Code by changing
Section 424 and adding Section 155.22a.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Insurance Code is amended by
changing Section 424 and adding Section 155.22a as follows:
(215 ILCS 5/424) (from Ch. 73, par. 1031)
Sec. 424. Unfair methods of competition and unfair or
deceptive acts or practices defined. The following are hereby
defined as unfair methods of competition and unfair and
deceptive acts or practices in the business of insurance:
(1) The commission by any person of any one or more of
the acts defined or prohibited by Sections 134, 147, 148,
149, 151, 155.22, 155.22a, 236, 237, 364 and 469 of this the
"Illinois Insurance Code".
(2) Entering into any agreement to commit, or by any
concerted action committing, any act of boycott, coercion or
intimidation resulting in or tending to result in
unreasonable restraint of, or monopoly in, the business of
insurance.
(3) Making or permitting, in the case of insurance of
the types enumerated in Classes 2 and 3 of Section 4, any
unfair discrimination between individuals or risks of the
same class or of essentially the same hazard and expense
element because of the race, color, religion or national
origin of such insurance risks or applicants.
(4) Engaging in any of the acts or practices defined in
or prohibited by Sections 154.5 through 154.8 of the this
"Illinois Insurance Code".
(5) Making or charging any rate for insurance against
losses arising from the use or ownership of a motor vehicle
which requires a higher premium of any person by reason of
his physical handicap, race, color, religion or national
origin.
(Source: P.A. 83-333.)
(215 ILCS 5/155.22a new)
Sec. 155.22a. Coverage for subjects of abuse.
(a) No company authorized to transact life, health, or
disability income insurance in this State may:
(1) Deny, refuse to issue, refuse to renew, refuse
to reissue, cancel, or otherwise terminate an insurance
policy or restrict coverage on an individual because that
individual is or has been the subject of abuse or because
that individual seeks or has sought: (i) medical or
psychological treatment for abuse; or (ii) protection or
shelter from abuse;
(2) Charge a different rate for the same coverage
for an insurance policy because an individual insured
under such policy has a history of or is a subject of
abuse;
(3) Deny a claim by an insured as a result of his
or her status as being or having been a subject of abuse,
except as otherwise permitted or required by the laws of
this State; or
(4) Ask an insured or an applicant for insurance
whether that individual is or has been a subject of abuse
or whether that individual seeks or has sought: (i)
medical or psychological treatment specifically for
abuse; or (ii) protection or shelter from abuse.
(b) No company authorized to transact life, health, or
disability income insurance in this State may fail to
maintain strict confidentiality of information, as defined in
the Insurance Information and Privacy Protection Article of
this Code, relating to an applicant's or insured's abuse
status or to a medical or psychological condition that the
company knows is abuse-related. Disclosure of such
abuse-related information shall be subject to the disclosure
limitations and conditions contained in Section 1014 of this
Code.
(c) Nothing in this Section shall be construed to
prohibit a company specified in subsection (a) from (i)
refusing to insure, refusing to continue to insure, limiting
the amount, extent, or kind of coverage available to an
individual, or charging a different rate for the same
coverage on the basis of that individual's physical or mental
condition regardless of the underlying cause of such
condition; (ii) declining to issue a life insurance policy
insuring an individual who is or has been the subject of
abuse if the perpetrator of the abuse is the applicant or
would be the owner of the insurance policy; or (iii)
inquiring about a physical or mental condition, even if that
condition was caused by or is related in any manner to abuse.
(d) As used in this Section, "abuse" means the
occurrence of one or more of the following acts between
family members, current or former household members, or
current or former intimate partners:
(1) Attempting to cause or intentionally,
knowingly, or recklessly causing another person,
including a minor child, to be harassed or intimidated or
subject to bodily injury, physical harm, rape, sexual
assault, or involuntary sexual intercourse; or
(2) Knowingly engaging in a course of conduct or
repeatedly committing acts without proper authority that
place the person toward whom such acts are directed,
including a minor child, in a reasonable fear of bodily
injury or physical harm; or
(3) Subjecting another person, including a minor
child, to false imprisonment.
(e) No company specified in subsection (a) above shall
be held civilly or criminally liable for any cause of action
that may be brought because of compliance with this Section.
Nothing in this Section, however, shall preclude the
jurisdiction of any administrative agency to carry out its
statutory authority.