Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

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INSURANCE
(215 ILCS 5/) Illinois Insurance Code.

215 ILCS 5/1012

    (215 ILCS 5/1012) (from Ch. 73, par. 1065.712)
    Sec. 1012. Information Concerning Previous Adverse Underwriting Decisions. No insurance institution, agent or insurance-support organization may seek information in connection with an insurance transaction concerning:
    (A) any previous adverse underwriting decision experienced by an individual, or
    (B) any previous insurance coverage obtained by an individual through a residual market mechanism,
unless such inquiry also requests the reasons for any previous adverse underwriting decision or the reasons why insurance coverage was previously obtained through a residual market mechanism.
(Source: P.A. 81-1430.)

215 ILCS 5/1013

    (215 ILCS 5/1013) (from Ch. 73, par. 1065.713)
    Sec. 1013. Previous Adverse Underwriting Decisions. No insurance institution or agent may base an adverse underwriting decision in whole or in part:
    (A) on the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism; provided, however, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;
    (B) on personal information received from an insurance-support organization whose primary source of information is insurance institutions; provided, however, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization.
(Source: P.A. 82-108.)

215 ILCS 5/1014

    (215 ILCS 5/1014) (from Ch. 73, par. 1065.714)
    Sec. 1014. Disclosure Limitations and Conditions. An insurance institution, agent or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is:
    (A) with the written authorization of the individual, provided:
    (1) if such authorization is submitted by another insurance institution, agent or insurance-support organization, the authorization meets the requirements of Section 1007 of this Article, or
    (2) if such authorization is submitted by a person other than an insurance institution, agent or insurance-support organization, the authorization is:
    (a) dated,
    (b) signed by the individual, and
    (c) obtained one year or less prior to the date a disclosure is sought pursuant to this subsection; or
    (B) to a person other than an insurance institution, agent or insurance-support organization, provided such disclosure is reasonably necessary:
    (1) to enable such person to perform a business, professional or insurance function for the disclosing insurance institution, agent or insurance-support organization and such person agrees not to disclose the information further without the individual's written authorization unless the further disclosure:
    (a) would otherwise be permitted by this Section if made by an insurance institution, agent, or insurance-support organization, or
    (b) is reasonably necessary for such person to perform its function for the disclosing insurance institution, agent, or insurance-support organization, or
    (2) to enable such person to provide information to the disclosing insurance institution, agent, or insurance-support organization for the purpose of:
    (a) determining an individual's eligibility for an insurance benefit or payment, or
    (b) detecting or preventing criminal activity, fraud, material misrepresentation or material nondisclosure in connection with an insurance transaction; or
    (C) to an insurance institution, agent, insurance-support organization or self-insurer, provided the information disclosed is limited to that which is reasonably necessary:
    (1) to detect or prevent criminal activity, fraud, material misrepresentation or material nondisclosure in connection with insurance transactions, or
    (2) for either the disclosing or receiving insurance institution, agent or insurance-support organization to perform its function in connection with an insurance transaction involving the individual; or
    (D) to a medical care institution or medical professional for the purpose of:
    (1) verifying insurance coverage or benefits,
    (2) informing an individual of a medical problem of which the individual may not be aware, or
    (3) conducting an operations or services audit, provided only such information is disclosed as is reasonably necessary to accomplish the foregoing purposes; or
    (E) to an insurance regulatory authority; or
    (F) to a law enforcement or other governmental authority:
    (1) to protect the interests of the insurance institution, agent or insurance-support organization in preventing or prosecuting the perpetration of fraud upon it, or
    (2) if the insurance institution, agent or insurance-support organization reasonably believes that illegal activities have been conducted by the individual; or
    (G) otherwise permitted or required by law; or
    (H) in response to a facially valid administrative or judicial order, including a search warrant or subpoena; or
    (I) made for the purpose of conducting actuarial or research studies provided:
    (1) no individual may be identified in any actuarial or research report,
    (2) materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed, and
    (3) the actuarial or research organization agrees not to disclose the information unless the disclosure would otherwise be permitted by this Section if made by an insurance institution, agent or insurance-support organization; or
    (J) to a party or a representative of a party to a proposed or consummated sale, transfer, merger or consolidation of all or part of the business of the insurance institution, agent or insurance support organization, provided:
    (1) prior to the consummation of the sale, transfer, merger or consolidation only such information is disclosed as is reasonably necessary to enable the recipient to make business decisions about the purchase, transfer, merger or consolidation, and
    (2) the recipient agrees not to disclose the information unless the disclosure would otherwise be permitted by this Section if made by an insurance institution, agent or insurance-support organization; or
    (K) to a person whose only use of such information will be in connection with the marketing of a product or service, provided:
    (1) no medical-record information, privileged information, or personal information relating to an individual's character, personal habits, mode of living or general reputation is disclosed, and no classification derived from such information is disclosed,
    (2) the individual has been given an opportunity to indicate that he or she does not want personal information disclosed for marketing purposes and has given no indication that he or she does not want the information disclosed, and
    (3) the person receiving such information agrees not to use it except in connection with the marketing of a product or service; or
    (L) to an affiliate whose only use of the information will be in connection with an audit of the insurance institution or agent or the marketing of an insurance product or service, provided the affiliate agrees not to disclose the information for any other purpose or to unaffiliated persons; or
    (M) by a consumer reporting agency, provided: the disclosure is to a person other than an insurance institution or agent; or
    (N) to a group policyholder for the purpose of reporting claims experience or conducting an audit of the insurance institution's or agent's operations or services, provided the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit; or
    (O) to a professional peer review organization for the purpose of reviewing the service or conduct of a medical-care institution or medical professional; or
    (P) to a governmental authority for the purpose of determining the individual's eligibility for health benefits for which the governmental authority may be liable; or
    (Q) to a certificateholder or policyholder for the purpose of providing information regarding the status of an insurance transaction; or
    (R) to a lienholder, mortgagee, assignee, lessee, or other person shown on the records of an insurance institution or agent as having a legal or beneficial interest in a policy of insurance; provided that information disclosed is limited to that which is reasonably necessary to permit such person to protect its interest in such policy.
(Source: P.A. 82-108.)

215 ILCS 5/1015

    (215 ILCS 5/1015) (from Ch. 73, par. 1065.715)
    Sec. 1015. Powers of Director. (A) The Director shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this State to determine whether the insurance institution or agent has been or is engaged in any conduct in violation of this Article.
    (B) The Director shall have the power to examine and investigate into the affairs of every insurance-support organization acting on behalf of an insurance institution or agent which either transacts business in this State or transacts business outside this State that has an effect on a person residing in this State, in order to determine whether such insurance-support organization has been or is engaged in any conduct in violation of this Article.
(Source: P.A. 81-1430.)

215 ILCS 5/1016

    (215 ILCS 5/1016) (from Ch. 73, par. 1065.716)
    Sec. 1016. Hearings, Witnesses, Appearances, Production of Books and Service of Process. (A) Whenever the Director has reason to believe that an insurance institution, agent or insurance-support organization has been or is engaged in conduct in this State which violates this Article, or if the Director believes that an insurance-support organization has been or is engaged in conduct outside this State which has an effect on a person residing in this State and violates this Article, the Director shall issue and serve upon such insurance institution, agent or insurance-support organization a statement of charges and notice of hearing to be held at a time and place fixed in the notice. Such hearing shall be conducted pursuant to Sections 401, 402 and 403 of this Act, and any applicable rules of the Department.
    (B) At the time and place fixed for such hearing the insurance institution, agent or insurance-support organization charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the Director shall permit any adversely affected person to intervene, appear and be heard at such hearing by counsel or in person.
(Source: P.A. 81-1430.)

215 ILCS 5/1017

    (215 ILCS 5/1017) (from Ch. 73, par. 1065.717)
    Sec. 1017. Service of Process - Insurance-Support Organizations. For the purpose of this Article, an insurance-support organization transacting business outside this State which has an effect on a person residing in this State shall be deemed to have appointed the Director to accept service of process on its behalf, provided the Director causes a copy of such service to be mailed forthwith by registered mail to the insurance-support organization at its last known principal place of business. The return postcard receipt for such mailing shall be sufficient proof that the same was properly mailed by the Director.
(Source: P.A. 81-1430.)

215 ILCS 5/1018

    (215 ILCS 5/1018) (from Ch. 73, par. 1065.718)
    Sec. 1018. Cease and Desist Orders and Reports. (A) If, after a hearing, the Director determines that the insurance institution, agent or insurance-support organization charged has engaged in conduct or practices in violation of this Article, he shall reduce his findings to writing and shall issue and cause to be served upon such insurance institution, agent or insurance-support organization a copy of such findings and an order requiring such insurance institution, agent or insurance-support organization to cease and desist from the conduct or practices constituting a violation of this Article.
    (B) If, after a hearing, the Director determines that the insurance institution, agent or insurance-support organization charged has not engaged in conduct or practices in violation of this Article, he shall prepare a written report which sets forth findings of fact and conclusions of law. Such report shall be served upon the insurance institution, agent or insurance-support organization charged and upon the person or persons, if any, whose rights under this Article were allegedly violated.
(Source: P.A. 81-1430.)

215 ILCS 5/1019

    (215 ILCS 5/1019) (from Ch. 73, par. 1065.719)
    Sec. 1019. Judicial Review. (1) Any order or decision made, issued or executed by the Director under this Article whereby any person or company is aggrieved is subject to review by the Circuit Court of Sangamon County.
    (2) The Administrative Review Law, as now or hereafter amended, and the rules adopted pursuant thereto, applies to and governs all proceedings for review of final administrative decisions of the Director provided for in this Section. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)

215 ILCS 5/1020

    (215 ILCS 5/1020) (from Ch. 73, par. 1065.720)
    Sec. 1020. Penalties.
    (A) In any case where a hearing pursuant to Section 1016 results in the finding of a knowing violation of this Article, the Director may, in addition to the issuance of a cease and desist order as prescribed in Section 1018, order payment of a monetary penalty of not more than $1,000 for each violation but not to exceed $20,000 in the aggregate for multiple violations.
    (B) Any person who violates a cease and desist order of the Director under Section 1018 of this Article may, after notice and hearing and upon order of the Director, be subject to one or more of the following penalties, at the discretion of the Director:
        (1) a monetary fine of not more than $20,000 for each
    
violation,
        (2) a monetary fine of not more than $100,000 if the
    
Director finds that violations have occurred with such frequency as to constitute a general business practice, or
        (3) suspension or revocation of an insurance
    
institution's or agent's license.
(Source: P.A. 93-32, eff. 7-1-03.)

215 ILCS 5/1021

    (215 ILCS 5/1021) (from Ch. 73, par. 1065.721)
    Sec. 1021. Individual Remedies. (A) If any insurance institution, agent or insurance-support organization fails to comply with Sections 1009, 1010 or 1011 of this Article with respect to the rights granted under those Sections, any person whose rights are violated may apply to the circuit court of this State, or any other court of competent jurisdiction, for appropriate equitable relief.
    (B) An insurance institution, agent or insurance-support organization which discloses information in violation of Section 1014 of this Article shall be liable for damages sustained by the individual about whom the information relates; provided, however, that no individual shall be entitled to a monetary award which exceeds the actual damages sustained by the individual as a result of a violation of Section 1014 of this Article.
    (C) In any action brought pursuant to this Section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party.
    (D) An action under this Section must be brought within 2 years from the date the alleged violation is or should have been discovered.
    (E) Except as specifically provided in this Section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of this Article.
(Source: P.A. 82-108.)

215 ILCS 5/1022

    (215 ILCS 5/1022) (from Ch. 73, par. 1065.722)
    Sec. 1022. Immunity. No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged information in accordance with this Article, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institution, agent or insurance-support organization; provided, however, this Section shall provide no immunity for disclosing or furnishing false information with malice or willful intent to injure any person.
(Source: P.A. 82-108.)

215 ILCS 5/1023

    (215 ILCS 5/1023) (from Ch. 73, par. 1065.723)
    Sec. 1023. Obtaining Information Under False Pretenses. Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent or insurance-support organization under false pretenses shall be guilty of a Class 4 felony.
(Source: P.A. 81-1430.)

215 ILCS 5/1023.5

    (215 ILCS 5/1023.5)
    Sec. 1023.5. Federal privacy protections.
    (A) In addition to the requirements of this Article, licensees shall comply with the privacy protection provisions of Title V of the federal Gramm-Leach-Bliley Act (Public Law 106-102, 106th Congress).
    (B) The Director shall have authority to enforce the requirements of the privacy protection provisions of Title V of the federal Gramm-Leach-Bliley Act, employing powers granted to him under this Article and this Code.
    (C) The Director shall make reasonable rules as may be necessary to make effective the privacy provisions of Title V of the federal Gramm-Leach-Bliley Act (Public Law 106-102, 106th Congress).
    (D) For purposes of this Section, "licensee" means all insurers, insurance producers, and other persons licensed or required to be licensed, authorized or required to be authorized, registered or required to be registered, or domiciled, pursuant to this Code or any other insurance law of this State administered by the Department. "Licensee" also includes unauthorized insurers who accept business placed through a licensed surplus line producer in this State, but only in regard to the surplus line placements placed pursuant to Section 445 of this Code. However, this Section does not apply to "service contract providers" as defined by the Service Contract Act.
(Source: P.A. 92-556, eff. 6-24-02.)

215 ILCS 5/1024

    (215 ILCS 5/1024) (from Ch. 73, par. 1065.724)
    Sec. 1024. This Article takes effect on July 1, 1981. The rights granted under Sections 1009, 1010 and 1014 of this Article shall take effect on July 1, 1981, regardless of the date of the collection or receipt of the information which is the subject of such Sections.
(Source: P.A. 81-1430.)

215 ILCS 5/Art. XLI

 
    (215 ILCS 5/Art. XLI heading)
ARTICLE XLI. RISK RETENTION ARRANGEMENTS FOR
BANKING ASSOCIATIONS

215 ILCS 5/1101

    (215 ILCS 5/1101) (from Ch. 73, par. 1065.801)
    Sec. 1101. Scope of Article. This Article applies only to trusts sponsored by domestic banking associations and organized under this Article to provide casualty insurance authorized under Section 5 of the Illinois Banking Act, as now or hereafter amended, for association member banks.
(Source: P.A. 84-1431.)

215 ILCS 5/1102

    (215 ILCS 5/1102) (from Ch. 73, par. 1065.802)
    Sec. 1102. Definitions. As used in this Article, the following terms have the following meanings:
    (1) "Banking association" means any Illinois corporation, whether for-profit or not-for-profit, which functions as a professional or trade association of dues-paying member commercial banks. For purposes of this Article, "banking association" does not include any corporation which directly or indirectly (a) accepts deposits which the depositor has a right to withdraw on demand by check or negotiable order, or (b) engages in the business of making loans, or both.
    (2) "Trust sponsor" means a banking association which has created a risk retention trust under this Article.
    (3) "Pool retention fund" means a separate fund maintained for payment of first dollar claims, up to a specific amount per claim ("specific retention") and up to an aggregate amount for a 12-month period ("aggregate retention").
    (4) "Contingency reserve fund" means a separate fund maintained for payment of claims in excess of the pool retention fund amount.
    (5) "Coverage grant" means the document describing specific coverages and terms of coverage which are provided by a risk retention trust created under this Article.
    (6) "Licensed service company" means an entity licensed under Section 464a of the Illinois Insurance Code to perform claims adjusting, loss control and data processing.
(Source: P.A. 84-1431.)

215 ILCS 5/1103

    (215 ILCS 5/1103) (from Ch. 73, par. 1065.803)
    Sec. 1103. Name. The corporate name of any trust organized under this Article shall not be the same as or deceptively similar to the name of any domestic insurance company or of any foreign or alien insurance company authorized to transact business in this State.
(Source: P.A. 84-1431.)

215 ILCS 5/1104

    (215 ILCS 5/1104) (from Ch. 73, par. 1065.804)
    Sec. 1104. Principal Office and Place of Business. The principal office of any trust organized under this Article shall be located in this State.
(Source: P.A. 84-1431.)

215 ILCS 5/1105

    (215 ILCS 5/1105) (from Ch. 73, par. 1065.805)
    Sec. 1105. Risk Retention Trust. (1) Any banking association which has been in existence for a period of not less than 2 years may create a risk retention trust for the pooling of risks in order to provide casualty coverage authorized under Section 5 of the Illinois Banking Act, as now or hereafter amended, for its member banks. Such trust shall be administered by at least 3 trustees who are appointed by the trust sponsor and who represent association member banks which have agreed in writing to participate in the trust.
    (2) The trustees shall appoint a qualified administrator who shall administer the affairs of the risk retention trust.
    (3) The trustees shall retain a licensed service company to perform claims adjusting, loss control and data processing.
    (4) The trust sponsor, the trustees and the trust administrator shall be fiduciaries of the trust.
    (5) Any trust created under this Article shall be consummated by a written trust agreement and shall be subject to the laws of this State governing the creation and operation of trusts, to the extent not inconsistent with this Article.
(Source: P.A. 84-1431.)

215 ILCS 5/1106

    (215 ILCS 5/1106) (from Ch. 73, par. 1065.806)
    Sec. 1106. Trust - Participation. (1) A banking association and its member banks may participate in any trust created under this Article if it:
    (a) Meets the underwriting standards for acceptance into the trust;
    (b) Files a written application for coverage, agreeing to meet all of the membership conditions of the trust;
    (c) Is a member of the association sponsoring the trust;
    (d) Agrees to meet the ongoing loss control provisions and risk pooling arrangements set forth by the trustees;
    (e) Pays its premium contribution on a timely basis as required; and
    (f) Pays its predetermined annual required contribution into the contingency reserve fund.
    (2) Any bank accepted for trust membership and participating in the trust under this Article shall be liable for payment to the trust of the amount of its annual premium contribution and its annual predetermined contingency reserve fund contribution.
(Source: P.A. 84-1431.)

215 ILCS 5/1107

    (215 ILCS 5/1107) (from Ch. 73, par. 1065.807)
    Sec. 1107. Trust - Coverage Grants - Payment of Claims. (1) No risk retention trust created under this Article may issue coverage grants until it has procured 100 bonafide applications for coverage with the first premium contribution in cash for each kind of coverage which the trust undertakes to write, and has a contingency reserve fund of at least $2,500,000. Every trust subject to this Article must have, and at all times maintain a pool retention fund at least equal to its unpaid liabilities and an unimpaired minimum contingency reserve fund of $1,500,000. The contingency reserve fund requirements shall be deemed satisfied if the required contribution into such fund by any participating member bank is obtained by a certificate of deposit redeemable by the trust in an amount not greater than the amount insured by the Federal Deposit Insurance Corporation.
    (2) Every coverage grant issued or delivered in this State by any trust subject to this Article shall provide for the liability of trust members to the extent that funds are needed to pay a member's share of the depleted contingency reserve fund needed to maintain the reserves required by this Section.
    (3) The Director may after notice and hearing suspend or revoke the license of any trust that fails to maintain the minimum reserves required by this Section.
    (4) All claims shall first be paid from the pool retention fund. If that fund becomes depleted, any additional claims shall be paid from the contingency reserve fund.
    (5) On the basis of an annual independent certified audit, the Director may require the risk retention trust to purchase insurance in amounts required to provide additional protection to member banks in excess of the contingency reserve fund.
(Source: P.A. 84-1431.)

215 ILCS 5/1108

    (215 ILCS 5/1108) (from Ch. 73, par. 1065.808)
    Sec. 1108. Trust; filing requirements; records.
    (1) Any risk retention trust created under this Article shall file with the Director:
        (a) A statement of intent to provide named coverages.
        (b) The trust agreement between the trust sponsor and
    
the trustees, detailing the organization and administration of the trust and fiduciary responsibilities.
        (c) Signed risk pooling agreements from each trust
    
member describing their intent to participate in the trust and maintain the contingency reserve fund.
        (d) By April 1 of each year a financial statement for
    
the preceding calendar year ending December 31, and a list of all beneficiaries during the year. The financial statement and report shall be in such form as the Director of Insurance may prescribe. The truth and accuracy of the financial statement shall be attested to by each trustee. Each Risk Retention Trust shall file with the Director by June 1 an opinion of an independent certified public accountant on the financial condition of the Risk Retention Trust for the most recent calendar year and the results of its operations, changes in financial position and changes in capital and surplus for the year then ended in conformity with accounting practices permitted or prescribed by the Illinois Department of Insurance.
        (e) The name of a bank or trust company with whom the
    
trust will enter into an escrow agreement which shall state that the contingency reserve fund will be maintained at the levels prescribed in this Article.
        (f) Copies of coverage grants it will issue.
    (2) The Director of Insurance shall charge, collect and give proper acquittances for the payment of the following fees and charges:
        (a) For filing trust instruments, amendments thereto
    
and financial statement and report of the trustees, $50.
        (b) For copies of papers or records per page, $2.
        (c) For certificate to copy of paper, $10.
        (d) For filing an application for the licensing of a
    
risk retention trust, $1,000.
    (3) The trust shall keep its books and records in accordance with the provisions of Section 133 of this Code. The Director may examine such books and records from time to time as provided in Sections 132 through 132.7 of this Code and may charge the expense of such examination to the trust as provided in subsection (3) of Section 408 of this Code.
    (4) Trust funds established under this Section and all persons interest therein or dealing therewith shall be subject to the provisions of Sections 133, 144.1, 149, 401, 401.1, 402, 403, 403A, 412, and all of the provisions of Articles VII, VIII, XII 1/2 and XIII of the Code, as amended. Except as otherwise provided in this Section, trust funds established under and which fully comply with this Section, shall not be subjected to any other provision of the Code.
    (5) The Director of Insurance may make reasonable rules and regulations pertaining to the standards of coverage and administration of the trust authorized by this Section. Such rules may include but need not be limited to reasonable standards for fiduciary duties of the trustees, standards for the investment of funds, limitation of risks assumed, minimum size, capital, surplus, reserves, and contingency reserves.
(Source: P.A. 93-32, eff. 7-1-03.)

215 ILCS 5/1109

    (215 ILCS 5/1109) (from Ch. 73, par. 1065.809)
    Sec. 1109. Illinois Insurance Guaranty Fund - Inapplicability. The provisions of Article XXXIV of this Code shall not apply to any risk retention trust created under this Article.
(Source: P.A. 84-1431.)

215 ILCS 5/Art. XLII

 
    (215 ILCS 5/Art. XLII heading)
ARTICLE XLII.
INSURANCE COST CONTAINMENT

215 ILCS 5/1200

    (215 ILCS 5/1200) (from Ch. 73, par. 1065.900)
    Sec. 1200. This Article shall be known and may be cited as the "Illinois Insurance Cost Containment Act".
(Source: P.A. 84-1431.)