Chapter 215 — INSURANCE

(215 ILCS 5/1) (from Ch. 73, par. 613) Sec. 1. Short title. This Act shall be known and may be cited as the Illinois Insurance Code. (Source: P.A. 96-328, eff. 8-11-09.)

(215 ILCS 5/10) (from Ch. 73, par. 622) (Section scheduled to be repealed on January 1, 2027) Sec. 10. Directors. (1) After the date of incorporation, as determined by Section 18, and until the first meeting of shareholders, the incorporators shall have the powers and perform the…

(215 ILCS 5/100) (from Ch. 73, par. 712) (Section scheduled to be repealed on January 1, 2027) Sec. 100. Minimum available assets required of domestic Lloyds. The aggregate of the amounts on deposit of all underwriters and all other admitted assets of each domestic Lloyds availab…

(215 ILCS 5/1001) (from Ch. 73, par. 1065.701) Sec. 1001. Purpose. The purpose of this Article is to establish standards for the collection, use and disclosure of information gathered in connection with insurance transactions by insurance institutions, agents or insurance-support…

(215 ILCS 5/1002) (from Ch. 73, par. 1065.702) Sec. 1002. Scope. (A) The obligations imposed by this Article shall apply to those insurance institutions, agents or insurance-support organizations which, on or after the effective date of this Article: (1) in the case of life, heal…

(215 ILCS 5/1003) (from Ch. 73, par. 1065.703) Sec. 1003. Definitions. As used in this Article: (A) "Adverse underwriting decision" means: (1) any of the following actions with respect to insurance transactions involving insurance coverage which is individually underwritten: (a) …

(215 ILCS 5/1004) (from Ch. 73, par. 1065.704) Sec. 1004. Pretext Interviews. No insurance institution, agent or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction; provided, howeve…

(215 ILCS 5/1005) (from Ch. 73, par. 1065.705) Sec. 1005. Notice of Insurance Information Practices. (A) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as provided belo…

(215 ILCS 5/1006) (from Ch. 73, par. 1065.706) Sec. 1006. Marketing and Research Surveys. An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insu…

(215 ILCS 5/1007) (from Ch. 73, par. 1065.707) Sec. 1007. Content of Disclosure Authorization Forms. Notwithstanding any other provision of law of this State, no insurance institution, agent or insurance-support organization may utilize as its disclosure authorization form in con…

(215 ILCS 5/1008) (from Ch. 73, par. 1065.708) Sec. 1008. Investigative Consumer Reports. (A) No insurance institution, agent or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction …

(215 ILCS 5/1009) (from Ch. 73, par. 1065.709) Sec. 1009. Access to Recorded Personal Information. (A) If any individual, after proper identification, submits a written request to an insurance institution, agent or insurance-support organization for access to recorded personal in…

(215 ILCS 5/101) (from Ch. 73, par. 713) (Section scheduled to be repealed on January 1, 2027) Sec. 101. Restrictions upon domestic Lloyds. (1) A domestic Lloyds shall not (a) change its name or title without first obtaining the written approval of the Director; nor (b) establish…

(215 ILCS 5/1010) (from Ch. 73, par. 1065.710) Sec. 1010. Correction, Amendment or Deletion of Recorded Personal Information. (A) Within 30 business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information…

(215 ILCS 5/1011) (from Ch. 73, par. 1065.711) Sec. 1011. Reasons for Adverse Underwriting Decisions. (A) In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall: (1) either provide the applicant, policyholder or indi…

(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 previou…

(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 i…

(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 wit…

(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…

(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…

(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 …

(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…

(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 Admini…

(215 ILCS 5/102) (from Ch. 73, par. 714) (Section scheduled to be repealed on January 1, 2027) Sec. 102. Restrictions upon foreign Lloyds. (1) Each foreign Lloyds authorized to transact business in this State shall (a) maintain cash and securities, including the deposits of its u…

(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 …

(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 p…

(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…

(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…

(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…

(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 whi…

(215 ILCS 5/103) (from Ch. 73, par. 715) (Section scheduled to be repealed on January 1, 2027) Sec. 103. Alien Lloyds. (1) Each alien Lloyds authorized to transact business in this State shall (a) maintain in this State or any other state of the United States in which they are au…

(215 ILCS 5/104) (from Ch. 73, par. 716) (Section scheduled to be repealed on January 1, 2027) Sec. 104. Policy forms. Every policy issued in this State by any domestic, foreign or alien Lloyds shall have printed upon its face and back the name of such Lloyds, the name and addres…

(215 ILCS 5/105) (from Ch. 73, par. 717) (Section scheduled to be repealed on January 1, 2027) Sec. 105. Director as agent; service of process. (1) The attorney-in-fact of every Lloyds transacting business in this State shall file with the Director a duly executed instrument wher…

(215 ILCS 5/106) (from Ch. 73, par. 718) (Section scheduled to be repealed on January 1, 2027) Sec. 106. Penalties. It shall be unlawful for any person to act as an underwriter of or attorney-in-fact for a Lloyds except in accordance with the provisions of this Article, and any p…

(215 ILCS 5/107) (from Ch. 73, par. 719) (Section scheduled to be repealed on January 1, 2027) Sec. 107. Application of other Code provisions. Unless otherwise provided in this Article, every Lloyds shall be subject to other applicable provisions of this Code. (Source: Laws 1937,…

(215 ILCS 5/107a.01) Sec. 107a.01. Short title. This Article may be cited as the Workers' Compensation Pool Law. (Source: P.A. 91-757, eff. 1-1-01.)

(215 ILCS 5/107a.02) Sec. 107a.02. Scope. This Article applies to all qualified group workers' compensation pools. (Source: P.A. 91-757, eff. 1-1-01.)

(215 ILCS 5/107a.03) Sec. 107a.03. Purpose. The purpose of this Article is to permit 2 or more employers with homogeneous risk characteristics or that are members of a bona fide professional, commercial, industrial, or trade association, with homogenous risk characteristics to po…

(215 ILCS 5/107a.04) Sec. 107a.04. Organization under the Illinois Insurance Code. (a) After December 31, 2000, group workers' compensation pools shall for the purpose of this Article, and this Article only, be considered as though they were assessable domestic mutual insurance c…

(215 ILCS 5/107a.05) Sec. 107a.05. Definitions and interchangeable terms. (a) Unless otherwise provided, the following definitions shall apply: "Authorized insurer" means an insurer licensed in this State to transact business as described in Clauses (c) and (d) of Class 2 of Sect…

(215 ILCS 5/107a.06) Sec. 107a.06. Pool administration. (a) An application for Certificate of Authority to establish a pool must include the documentation and information regarding its administrator, pooling agreement, plan of operation, and membership required by this Section. (…

(215 ILCS 5/107a.07) Sec. 107a.07. Standards for issuing and maintaining pool certificates of authority. (a) The Department shall consider the following in evaluating the financial strength of the pool: (1) The number of employees covered by the pool. (2) The particular industrie…

(215 ILCS 5/107a.08) Sec. 107a.08. Provisions applicable to members of a group workers' compensation pool. (a) All members of a group workers' compensation pool must have homogeneous risk characteristics as provided in Section 107a.03. (b) In determining whether members exhibit h…

(215 ILCS 5/107a.09) Sec. 107a.09. Service companies for group workers' compensation pools. (a) No association, corporation, partnership, sole proprietorship, trust, or other business entity shall provide services in the design, establishment, or administration of a group workers…

(215 ILCS 5/107a.10) Sec. 107a.10. Bond requirements. (a) An administrator shall obtain and maintain in force fidelity bonds on employees, officers, or positions in an amount not less than the amount set forth in the column "Minimum Amount of Bond", based on the amount of assets …

(215 ILCS 5/107a.11) Sec. 107a.11. Admissible assets. (a) Admitted assets include amounts permitted under Section 107a.12 as modified by only the following: (1) Direct obligations of the United States of America for the payment of money or obligations for the payment of money tha…

(215 ILCS 5/107a.12) Sec. 107a.12. Annual statement. (a) A pool authorized to do business in this State shall file with the Director by March 1st in each year 2 copies of its financial statement for the year ending December 31st immediately preceding on forms prescribed by the Di…

(215 ILCS 5/107a.13) Sec. 107a.13. Group Workers' Compensation Pool Insolvency Fund. (a) All qualified group workers' compensation pools shall pay a sum equal to 0.5% of all compensation and medical service payments made under either the Workers' Compensation Act or the Workers' …

(215 ILCS 5/107a.14) Sec. 107a.14. Group workers' compensation pools assessment provisions. (a) When the Director determines by means of audit, annual certified statement, actuarial opinion, or otherwise that the assets possessed by a pool are less than the reserves required toge…

(215 ILCS 5/107a.15) Sec. 107a.15. Authority of Director. (a) If the Director determines that a group workers' compensation pool is not in compliance with this Article, the Director shall require the pool to eliminate the condition causing the noncompliance within a specified tim…