Chapter 215, INSURANCE

(215 ILCS 5/401.3) Sec. 401.3. Advisory council; powers and duties. There is created within the Department an advisory council to review and make recommendations to the Department regarding rules to be adopted with respect to continuing education courses for which the approval of…

(215 ILCS 5/401.5) Sec. 401.5. Investigation of insurance law violations. (a) If the Director of Insurance has cause to believe that a person has engaged in, or is engaging in, an act, activity, or practice that constitutes a business offense, misdemeanor, or felony violation of …

(215 ILCS 5/402) (from Ch. 73, par. 1014) Sec. 402. Examinations, investigations and hearings. (1) All examinations, investigations and hearings provided for by this Code may be conducted either by the Director personally, or by one or more of the actuaries, technical advisors, d…

(215 ILCS 5/403) (from Ch. 73, par. 1015) Sec. 403. Power to subpoena and examine witnesses. (1) In the conduct of any examination, investigation or hearing provided for by this Code, the Director or other officer designated by him or her to conduct the same, shall have power to …

(215 ILCS 5/403A) (from Ch. 73, par. 1015A) Sec. 403A. Violations; Notice of Apparent Liability; Limitation of Forfeiture Liability. (1) Any company or person, agent or broker, officer or director and any other person subject to this Code and as may be defined in Section 2 of thi…

(215 ILCS 5/404) (from Ch. 73, par. 1016) Sec. 404. Office of Director; a public office; destruction or disposal of records, papers, documents, and memoranda. (1)(a) The office of the Director shall be a public office and the records, books, and papers thereof on file therein, ex…

(215 ILCS 5/404.1) (from Ch. 73, par. 1016.1) Sec. 404.1. Safekeeping of deposits. The Director may maintain with a corporation qualified to administer trusts in this State under the Corporate Fiduciary Act for the securities deposited with the Director, a limited agency, custodi…

(215 ILCS 5/405) (from Ch. 73, par. 1017) Sec. 405. Certificates and certified copies as evidence. All certificates issued by the Director in accordance with the provisions of the insurance laws and all copies of documents filed in his office in accordance with the provisions of …

(215 ILCS 5/406) (from Ch. 73, par. 1018) Sec. 406. Annual report. The Director shall report annually, or oftener at the request of the Governor, to the Governor his official transactions, and shall include in such report abstracts of the annual statements of the several companie…

(215 ILCS 5/407) (from Ch. 73, par. 1019) Sec. 407. Court review of orders and decisions. Except as to those orders or decisions of the Director to make good an impairment of capital or surplus or a deficiency in the amount of admitted assets, the provisions of the Administrative…

(215 ILCS 5/407.1) (from Ch. 73, par. 1019.1) Sec. 407.1. The provisions of "The Illinois Administrative Procedure Act", as now or hereafter amended, are hereby expressly adopted and incorporated herein as though a part of this Act, and shall apply to all administrative rules and…

(215 ILCS 5/407.2) (from Ch. 73, par. 1019.2) Sec. 407.2. (1) When any person or company has a license or certificate of authority under this Code and knowingly fails or refuses to comply with a lawful Order of the Director, entered after notice and hearing, within the period of …

(215 ILCS 5/408) (from Ch. 73, par. 1020) Sec. 408. Fees and charges. (1) The Director shall charge, collect and give proper acquittances for the payment of the following fees and charges: (a) For filing all documents submitted for the incorporation or organization or certificati…

(215 ILCS 5/408.1) (from Ch. 73, par. 1020.1) Sec. 408.1. Fee for valuation of life insurance policies. Upon the effective date of this amendatory Act of 1998, all actions to collect life insurance policy valuation fees or to transfer such fees to the General Revenue Fund from an…

(215 ILCS 5/408.2) (from Ch. 73, par. 1020.2) Sec. 408.2. Statistical services. Any public record, or any data obtained by the Department of Insurance, which is subject to public inspection or copying and which is maintained on a computer processible medium, may be furnished in a…

(215 ILCS 5/408.3) (from Ch. 73, par. 1020.3) Sec. 408.3. Insurance Financial Regulation Fund; uses. The monies deposited into the Insurance Financial Regulation Fund shall be used only for (i) payment of the expenses of the Department, including related administrative expenses, …

(215 ILCS 5/408.4) Sec. 408.4. Receipt and use grants. (a) The Department is authorized to accept, receive, and use, for and in behalf of the State, any grant of money given to further the purposes of the insurance laws of this State by the federal government as may be offered un…

(215 ILCS 5/409) (from Ch. 73, par. 1021) Sec. 409. Annual privilege tax payable by companies. (1) As of January 1, 1999 for all health maintenance organization premiums written; as of July 1, 1998 for all premiums written as accident and health business, voluntary health service…

(215 ILCS 5/41) (from Ch. 73, par. 653) (Section scheduled to be repealed on January 1, 2037) Sec. 41. Executive committee. If the by-laws so provide, the board of directors or trustees, by a resolution adopted by a majority of the whole board, may designate three or more of thei…

(215 ILCS 110/41) (from Ch. 32, par. 690.41) Sec. 41. A dental service plan corporation may receive and accept from governmental or private agencies or from other persons, as defined in this Act, payments covering all or part of the cost of subscriptions to provide dental care fo…

(215 ILCS 5/410) (from Ch. 73, par. 1022) Sec. 410. Reports and statements for purpose of auditing retaliatory and privilege tax returns. (1) For the purpose of enabling the Director to audit the retaliatory and privilege tax calculation of a company liable for such tax under the…

(215 ILCS 5/412) (from Ch. 73, par. 1024) Sec. 412. Refunds; penalties; collection. (1)(a) Whenever it appears to the satisfaction of the Director that because of some mistake of fact, error in calculation, or erroneous interpretation of a statute of this or any other state, any …

(215 ILCS 5/413) (from Ch. 73, par. 1025) Sec. 413. Privilege Tax Payable on Admission of Foreign or Alien Company. (1) Every foreign or alien company applying for a certificate of authority to transact business in this State shall pay to the Director a tax for the privilege of t…

(215 ILCS 5/414a) (from Ch. 73, par. 1026a) Sec. 414a. Notwithstanding the provisions of this or any other Act, the tax authorized by Section 414 of this Act shall not be imposed after January 1, 1979; provided that this Section shall not prohibit the collection after January 1, …

(215 ILCS 5/415) (from Ch. 73, par. 1027) Sec. 415. No taxes to be imposed by political subdivisions. The fees, charges and taxes provided for by this Article shall be in lieu of all license fees or privilege or occupation taxes or other fees levied or assessed by any municipalit…

(215 ILCS 5/416) Sec. 416. Illinois Workers' Compensation Commission Operations Fund Surcharge. (a) As of July 30, 2004 (the effective date of Public Act 93-840), every company licensed or authorized by the Illinois Department of Insurance and insuring employers' liabilities aris…

(215 ILCS 180/42) Sec. 42. External review of experimental or investigational treatment adverse determinations. (a) Within 4 months after the date of receipt of a notice of an adverse determination or final adverse determination that involves a denial of coverage based on a deter…

(215 ILCS 5/42) (from Ch. 73, par. 654) (Section scheduled to be repealed on January 1, 2037) Sec. 42. By-laws. (1) The incorporators shall adopt by-laws for the company which shall not be altered, amended, or repealed prior to the issuance of a certificate of authority to the co…

(215 ILCS 110/42) (from Ch. 32, par. 690.42) Sec. 42. A dental service plan corporation shall not be liable for injuries resulting from negligence, misfeasance, malfeasance, non-feasance or malpractice on the part of any officer or employee of the corporation or on the part of an…

(215 ILCS 5/421) (from Ch. 73, par. 1028) Sec. 421. Declaration of purpose. The purpose of this article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th …

(215 ILCS 5/422) (from Ch. 73, par. 1029) Sec. 422. Definitions. When used in this Article, "Person" shall mean any individual, partnership, association, corporation, society, order, firm, company, aggregation of individuals, reciprocal exchange, inter-insurer, Lloyds insurer, fr…

(215 ILCS 5/423) (from Ch. 73, par. 1030) Sec. 423. Unfair methods of competition or unfair and deceptive acts or practices prohibited. (1) No person shall engage in this State in any trade practice which is defined in this Article as, or determined pursuant to this Article to be…

(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 …

(215 ILCS 5/425) (from Ch. 73, par. 1032) Sec. 425. Power of Director. The Director shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this State and to examine and investigate into the affairs of any person domici…

(215 ILCS 5/426) (from Ch. 73, par. 1033) Sec. 426. Hearings. (1) Whenever the Director shall have reason to believe that any such person has been engaged or is engaging in this State in any unfair method of competition or any unfair or deceptive act or practice defined in Sectio…

(215 ILCS 5/427) (from Ch. 73, par. 1034) Sec. 427. Cease and desist orders and modifications thereof. (1) If, after such hearing, the Director shall determine that the method of competition or the act or practice in question is defined in Section 424 and that the person complain…

(215 ILCS 5/427.5) Sec. 427.5. Unfair and deceptive agreements voidable by the Director. If, after a hearing under Section 426, the Director determines that a person has violated paragraph (7) or (8) of Section 424, the Director may declare void and unenforceable any agreement or…

(215 ILCS 5/428) (from Ch. 73, par. 1035) Sec. 428. Procedure on review. (1) To the extent that the order of the Director is affirmed, the court shall thereupon enter its own order commanding obedience to the terms of the order of the Director. If either party applies to the cour…

(215 ILCS 5/429) (from Ch. 73, par. 1036) Sec. 429. Procedure as to unfair methods of competition and unfair or deceptive acts or practices which are not defined. (1) Whenever the Director shall have reason to believe (a) that any person engaged in the business of insurance is en…

(215 ILCS 134/43) Sec. 43. Utilization of health care facilities. (a) A health care plan must provide its enrollees with a description of their rights and responsibilities in obtaining referrals to and making appropriate use of health care facilities when access to their primary …

(215 ILCS 110/43) (from Ch. 32, par. 690.43) Sec. 43. Every dental service plan corporation organized hereunder shall be operated and conducted not-for-profit and shall be deemed a charitable and benevolent corporation, and all of its funds and property shall be exempt from every…

(215 ILCS 5/43) (from Ch. 73, par. 655) (Section scheduled to be repealed on January 1, 2037) Sec. 43. Minimum surplus requirements. (1) No company organized after December 31, 1985 under this Article may receive a certificate of authority from the Director to issue policies or c…

(215 ILCS 5/430) (from Ch. 73, par. 1037) Sec. 430. Judicial review by intervenor. If the report of the Director does not charge a violation of this Article, then any party in interest who was an intervenor in the proceedings before the Director may within 35 days after the servi…

(215 ILCS 5/431) (from Ch. 73, par. 1038) Sec. 431. Penalty. Any person who violates a cease and desist order of the Director under Section 427, after it has become final, and while such order is in effect, or who violates an order of the Circuit Court under Section 429, shall, u…

(215 ILCS 5/432) (from Ch. 73, par. 1039) Sec. 432. Provisions additional to existing law. The powers vested in the Director by this Article shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts …

(215 ILCS 5/433) (from Ch. 73, par. 1040) Sec. 433. Immunity from prosecution. If any person shall ask to be excused from attending and testifying or from producing any books, papers, records, correspondence or other documents at any hearing on the ground that the testimony or ev…

(215 ILCS 5/434) (from Ch. 73, par. 1041) Sec. 434. Separability provision. If any provision of this Article, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the Article, and the application of such provision to persons…

(215 ILCS 5/44) (from Ch. 73, par. 656) (Section scheduled to be repealed on January 1, 2037) Sec. 44. Articles of incorporation. Any one or more natural persons, at least one of whom is a resident of Illinois, who desire to form a company under this Article, shall sign and ackno…

(215 ILCS 110/44) (from Ch. 32, par. 690.44) Sec. 44. Any person, or any agent or officer of the corporation who violates any provisions of this Act or who makes any false statement with respect to any report or statement required by this Act or required by the Director under thi…

(215 ILCS 5/441) (from Ch. 73, par. 1053) Sec. 441. General corporate powers. (1) In order to carry out the purpose for which it is organized, each company under the laws of the State and subject to the provisions of this Code shall have (a) perpetual succession by its corporate …