State of Illinois
92^nd General Assembly
Legislation

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92_HB2419enr

 
HB2419 Enrolled                                LRB9207370JSpc

 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    adding Section 155.37 as follows:

 6        (215 ILCS 5/155.37 new)
 7        Sec.  155.37.  Use  of  credit reports in connection with
 8    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.
 
HB2419 Enrolled            -2-                 LRB9207370JSpc
 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        Section  99.  Effective  date.  This  Act takes effect on
10    October 1, 2001.

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