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Public Act 92-0480
HB2419 Enrolled LRB9207370JSpc
AN ACT concerning insurance.
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
adding Section 155.37 as follows:
(215 ILCS 5/155.37 new)
Sec. 155.37. Use of credit reports in connection with
(a) This Section applies to policies of insurance
defined in subsections (a), (b), and (c) of Section 143.13,
except that this Section does not apply to those personal
lines policies defined in subsection (c) of Section 143.13
that could be classified under clause (g) or (i) of Class 2
of Section 4 or to policies of insurance subject to Article
(b) An insurance company authorized to do business in
this State may not refuse to issue or renew a policy of
insurance solely on the basis of a credit report. An offer by
an insurance company to write a policy through an insurer
that is an affiliate, as defined in Section 131.1 of this
Code, with continuous coverage does not constitute a refusal
to issue a policy or a nonrenewal within the meaning of this
Section. "Credit report" means a collection of data regarding
a consumer's credit history, credit capacity, or credit
worthiness that has been assembled or evaluated by a consumer
reporting agency as defined in 15 USC 1681a(f).
(c) If a credit report is used in conjunction with other
criteria to underwrite an application or renewal of a policy
of insurance, it may not include or be based upon the race,
income, gender, religion, or national origin of the applicant
(d) If a credit report is used in conjunction with other
criteria to refuse to issue or renew a policy of insurance,
the insurer shall provide the applicant or policyholder with
a notice of the underwriting action taken. For purposes of
this Section, compliance with the notification requirements
of the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et
seq., shall be considered to be in compliance with this
Section 99. Effective date. This Act takes effect on
October 1, 2001.
Passed in the General Assembly May 30, 2001.
Approved August 23, 2001.
Effective October 01, 2001.
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