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Illinois Compiled Statutes
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. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
INSURANCE (215 ILCS 5/) Illinois Insurance Code. 215 ILCS 5/155.08
(215 ILCS 5/155.08) (from Ch. 73, par. 767.8)
Sec. 155.08.
Statutory provisions operative during emergency.
In the event that any domestic company has not adopted emergency
by-laws, the following provisions shall become operative during an
emergency as defined in Section 155.06:
(1) The board of directors acting during such period may take any and
every action reasonably necessary to enable the company to meet the
exigencies of the emergency and to continue the business.
(2) A quorum of the emergency board of directors shall consist of a
majority of the available surviving directors. If less than three directors
are able to convene, company officers may temporarily substitute as acting
directors until formal elections can be conducted or the regular directors
become available to resume their duties.
(3) The line of succession of the officers for the purpose of filling
temporary vacancies of company offices and maintaining a quorum of three
acting directors on the board in time of emergency shall be president,
secretary, and treasurer followed by the vice-presidents ranked according
to their seniority in the company.
(Source: Laws 1965, p. 418 .)
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215 ILCS 5/155.10
(215 ILCS 5/155.10) (from Ch. 73, par. 767.10)
Sec. 155.10.
(Repealed).
(Source: P.A. 86-1154; 86-1156. Repealed by P.A. 89-97, eff. 7-7-95.)
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215 ILCS 5/155.14
(215 ILCS 5/155.14) (from Ch. 73, par. 767.14)
Sec. 155.14.
(Repealed).
(Source: P.A. 77-305. Repealed by P.A. 89-97, eff. 7-7-95.)
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215 ILCS 5/155.15
(215 ILCS 5/155.15) (from Ch. 73, par. 767.15)
Sec. 155.15.
(Repealed).
(Source: P.A. 77-305. Repealed by P.A. 89-97, eff. 7-7-95.)
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215 ILCS 5/155.16
(215 ILCS 5/155.16) (from Ch. 73, par. 767.16)
Sec. 155.16.
(Repealed).
(Source: P.A. 77-305. Repealed by P.A. 89-97, eff. 7-7-95.)
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215 ILCS 5/155.17
(215 ILCS 5/155.17) (from Ch. 73, par. 767.17)
Sec. 155.17.
Every domestic or foreign company authorized to write insurance for
motor vehicle bodily injury shall not base the rates for such insurance
upon divisions or districts within any municipality which has a population
of 2,000,000 or more.
(Source: P.A. 77-1882 .)
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215 ILCS 5/155.18
(215 ILCS 5/155.18) (from Ch. 73, par. 767.18)
Sec. 155.18. (a) This Section shall apply to insurance on risks based
upon negligence by a physician, hospital or other health care provider,
referred to herein as medical liability insurance. This Section shall not
apply to contracts of reinsurance, nor to any farm, county, district or
township mutual insurance company transacting business under an Act entitled
"An Act relating to local mutual district, county and township insurance
companies", approved March 13, 1936, as now or hereafter amended, nor to
any such company operating under a special charter.
(b) The following standards shall apply to the making and use of rates
pertaining to all classes of medical liability insurance:
(1) Rates shall not be excessive or inadequate, as | | herein defined, nor shall they be unfairly discriminatory. No rate shall be held to be excessive unless such rate is unreasonably high for the insurance provided, and a reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable.
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No rate shall be held inadequate unless it is
| | unreasonably low for the insurance provided and continued use of it would endanger solvency of the company.
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(2) Consideration shall be given, to the extent
| | applicable, to past and prospective loss experience within and outside this State, to a reasonable margin for underwriting profit and contingencies, to past and prospective expenses both countrywide and those especially applicable to this State, and to all other factors, including judgment factors, deemed relevant within and outside this State.
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Consideration may also be given in the making and use
| | of rates to dividends, savings or unabsorbed premium deposits allowed or returned by companies to their policyholders, members or subscribers.
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(3) The systems of expense provisions included in the
| | rates for use by any company or group of companies may differ from those of other companies or groups of companies to reflect the operating methods of any such company or group with respect to any kind of insurance, or with respect to any subdivision or combination thereof.
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(4) Risks may be grouped by classifications for the
| | establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any difference among risks that have a probable effect upon losses or expenses. Such classifications or modifications of classifications of risks may be established based upon size, expense, management, individual experience, location or dispersion of hazard, or any other reasonable considerations and shall apply to all risks under the same or substantially the same circumstances or conditions. The rate for an established classification should be related generally to the anticipated loss and expense factors of the class.
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(c) Every company writing medical liability insurance shall file with
the
Director of Insurance the rates and rating schedules it uses for medical
liability insurance.
(1) This filing shall occur at least annually and
| | as often as the rates are changed or amended.
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(2) For the purposes of this Section any change in
| | premium to the company's insureds as a result of a change in the company's base rates or a change in its increased limits factors shall constitute a change in rates and shall require a filing with the Director.
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(3) It shall be certified in such filing by an officer of the company
and a qualified actuary that the company's rates
are based on sound actuarial
principles and are not inconsistent with the company's experience.
(d) If after
a hearing the
Director finds:
(1) that any rate, rating plan or rating system
| | violates the provisions of this Section applicable to it, he may issue an order to the company which has been the subject of the hearing specifying in what respects such violation exists and stating when, within a reasonable period of time, the further use of such rate or rating system by such company in contracts of insurance made thereafter shall be prohibited;
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(2) that the violation of any of the provisions of
| | this Section applicable to it by any company which has been the subject of hearing was wilful, he may suspend or revoke, in whole or in part, the certificate of authority of such company with respect to the class of insurance which has been the subject of the hearing.
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(Source: P.A. 103-426, eff. 8-4-23.)
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215 ILCS 5/155.18a
(215 ILCS 5/155.18a)
Sec. 155.18a. (Repealed).
(Source: P.A. 94-677, eff. 8-25-05. Repealed by P.A. 103-426, eff. 8-4-23.)
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215 ILCS 5/155.19
(215 ILCS 5/155.19) (from Ch. 73, par. 767.19)
Sec. 155.19. All claims filed after December 31, 1976 with any insurer
and all suits filed after December 31, 1976 in any court in this State,
alleging liability on the part of any physician, hospital or other health
care provider for medically related injuries, shall be reported to the
Director
of Insurance in such form and under such terms and conditions as may be
prescribed by the
Director. The
Director shall maintain complete and accurate
records of all such claims and suits including their nature, amount, disposition
and other information as he may deem useful or desirable in observing and
reporting on health care provider liability trends in this State. The Director
shall release to appropriate disciplinary and licensing agencies any such
data or information which may assist such agencies in
improving the quality of health care or which may be useful to such agencies
for the purpose of professional discipline.
With due regard for appropriate maintenance of the confidentiality thereof,
the
Director
may
release
from time to time to the Governor, the General
Assembly and the general public statistical reports based on such data and information.
The
Director may promulgate such rules and regulations as may be necessary
to carry out the provisions of this Section.
(Source: P.A. 103-426, eff. 8-4-23.) |
215 ILCS 5/155.20
(215 ILCS 5/155.20) (from Ch. 73, par. 767.20)
Sec. 155.20.
All final arbitration decisions rendered in relation to disputes
or controversies arising out of injuries allegedly caused by reason of hospital
or health care provider malpractice shall be recognized by any insurance
company doing business in the State of Illinois and all findings of facts
relating to liability and awards of damages in relation thereto which are
a part of the final arbitration decision shall be binding on such insurance companies.
(Source: P.A. 79-1435.)
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215 ILCS 5/155.21
(215 ILCS 5/155.21) (from Ch. 73, par. 767.21)
Sec. 155.21. A company writing medical liability insurance shall not refuse
to offer insurance to a physician, hospital or other health care provider
on the grounds that the physician, hospital or health care provider has
entered or intends to enter an arbitration agreement pursuant to the Health Care
Arbitration Act.
As used in this Section, medical liability insurance means insurance on
risks based upon negligence by a physician, hospital or other health care provider.
(Source: P.A. 95-331, eff. 8-21-07.)
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215 ILCS 5/155.22
(215 ILCS 5/155.22) (from Ch. 73, par. 767.22)
Sec. 155.22.
No company authorized to transact in this State the kinds
of business described in Classes 2 and 3 of Section 4, and no officer, director,
agent, clerk, employee or broker of such company shall upon proper application
refuse to provide insurance solely on the basis of
the specific geographic location
of the risk sought to be insured unless
such refusal is for a business purpose which is not a mere pretext for
unfair discrimination.
(Source: P.A. 84-1431.)
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215 ILCS 5/155.22a
(215 ILCS 5/155.22a)
Sec. 155.22a.
Coverage for subjects of abuse.
(a) No company authorized to
transact life, health,
disability income, or property and casualty insurance in this State may:
(1) Deny, refuse to issue, refuse to renew, refuse to | | reissue, cancel, or otherwise terminate an insurance policy or restrict coverage on an individual because that individual is or has been the subject of abuse or because that individual seeks or has sought: (i) medical or psychological treatment for abuse; or (ii) protection or shelter from abuse;
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(2) Charge a different rate for the same coverage for
| | an insurance policy because an individual insured under such policy has a history of or is a subject of abuse;
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(3) Deny a claim by an insured as a result of his or
| | her status as being or having been a subject of abuse, except as otherwise permitted or required by the laws of this State; or
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(4) Ask an insured or an applicant for insurance
| | whether that individual is or has been a subject of abuse or whether that individual seeks or has sought: (i) medical or psychological treatment specifically for abuse; or (ii) protection or shelter from abuse.
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(b) No company authorized to transact life, health, disability
income,
or property and casualty
insurance in this State may fail to maintain strict confidentiality of
information, as defined in the Insurance Information and Privacy Protection
Article of this Code, relating to an applicant's or insured's abuse status or
to a medical or psychological condition that the company knows is
abuse-related. Disclosure of such abuse-related information shall be subject
to the disclosure limitations and conditions contained in Section 1014 of this
Code.
(c) Nothing in this Section shall be construed to prohibit a company
specified in subsection (a) from (i) refusing to insure, refusing to
continue to insure, limiting the amount, extent, or kind of coverage available
to an individual, or charging a different rate for the same coverage on the
basis of that individual's physical or mental condition regardless of the
underlying cause of such condition; (ii) declining to issue a life
insurance policy
insuring an individual who is or has been the subject of abuse if the
perpetrator of the
abuse is the applicant or would be the owner of the insurance policy; or (iii)
inquiring about a physical or mental condition, even if that condition was
caused by or is related in any manner to
abuse.
(d) As used in this Section, "abuse" means the occurrence of one or more of
the following acts between family members, current or former household members,
or current or former intimate partners:
(1) Attempting to cause or intentionally, knowingly,
| | or recklessly causing another person, including a minor child, to be harassed or intimidated or subject to bodily injury, physical harm, rape, sexual assault, or involuntary sexual intercourse; or
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(2) Knowingly engaging in a course of conduct or
| | repeatedly committing acts without proper authority that place the person toward whom such acts are directed, including a minor child, in a reasonable fear of bodily injury or physical harm; or
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(3) Subjecting another person, including a minor
| | child, to false imprisonment.
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(e) No company specified in subsection (a) above shall be held civilly or
criminally liable for any cause of action that may be brought because of
compliance with this Section. Nothing in
this Section, however, shall preclude the jurisdiction of any administrative
agency to carry out its statutory authority.
(Source: P.A. 93-200, eff. 1-1-04.)
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215 ILCS 5/155.22b
(215 ILCS 5/155.22b)
Sec. 155.22b.
Rating, claims handling, and underwriting decisions.
(a) No company issuing a policy of property and casualty insurance may use
the fact that an applicant or insured incurred
bodily
injury as a result of a battery
or other violent act committed against him or her by a spouse or person in
the same household as a
sole reason for a rating, underwriting, or claims handling decision.
(b) If a policy excludes property coverage for intentional acts, the
insurer may not deny payment to an innocent co-insured who did not cooperate in
or contribute to the creation of the loss if the loss arose out of a pattern of
criminal domestic violence and the perpetrator of the loss is criminally
prosecuted for the act causing the loss. Payment to the innocent co-insured
may be limited to his or her ownership interest in the property as reduced by
any payments to a mortgagor or other secured interest.
(Source: P.A. 93-200, eff. 1-1-04.)
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215 ILCS 5/155.23
(215 ILCS 5/155.23) (from Ch. 73, par. 767.23)
Sec. 155.23.
Fraud reporting.
(1) The Director is authorized to promulgate | | reasonable rules requiring insurers, as defined in Section 155.24, doing business in the State of Illinois to report factual information in their possession that is pertinent to suspected fraudulent insurance claims, fraudulent insurance applications, or premium fraud after he has made a determination that the information is necessary to detect fraud or arson. Claim information may include:
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(a) Dates and description of accident or loss.
(b) Any insurance policy relevant to the accident or
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(c) Name of the insurance company claims adjustor and
| | claims adjustor supervisor processing or reviewing any claim or claims made under any insurance policy relevant to the accident or loss.
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(d) Name of claimant's or insured's attorney.
(e) Name of claimant's or insured's physician, or any
| | person rendering or purporting to render medical treatment.
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(f) Description of alleged injuries, damage or loss.
(g) History of previous claims made by the claimant
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(h) Places of medical treatment.
(i) Policy premium payment record.
(j) Material relating to the investigation of the
| | accident or loss, including statements of any person, proof of loss, and any other relevant evidence.
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(k) any facts evidencing fraud or arson.
The Director shall establish reporting requirements for application and
premium fraud information reporting by rule.
(2) The Director of Insurance may designate one or more data processing
organizations or governmental agencies to assist him in gathering such
information
and making
compilations thereof, and may by rule establish the form and procedure
for gathering and compiling such information. The rules may name any
organization or agency designated by the Director to provide this service,
and may in such case provide for a fee to be paid by the
reporting insurers
directly to the designated organization or agency to cover any of the costs
associated with providing this service. After determination by the
Director of substantial
evidence of false
or fraudulent claims, fraudulent applications, or premium fraud, the
information shall be forwarded by the Director
or the Director's designee to the proper law enforcement agency
or prosecutor. Insurers shall have
access to, and may use, the information compiled under the
provisions
of this Section. Insurers shall release
information to, and shall cooperate with, any law enforcement agency
requesting such information.
In the absence of malice, no insurer, or person who
furnishes
information on its behalf, is liable for damages in a civil action or subject
to criminal prosecution for any oral or written statement made or any other
action taken that is necessary to supply information required pursuant to
this Section.
(Source: P.A. 92-233, eff. 1-1-02.)
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215 ILCS 5/155.24
(215 ILCS 5/155.24) (from Ch. 73, par. 767.24)
Sec. 155.24.
Motor Vehicle Theft and Motor Insurance Fraud
Reporting and Immunity Law.
(a) As used in this Section:
(1) "authorized governmental agency" means the | | Illinois State Police, a local governmental police department, a county sheriff's office, a State's Attorney, the Attorney General, a municipal attorney, a United States district attorney, a duly constituted criminal investigative agency of the United States government, the Illinois Department of Insurance, the Illinois Department of Professional Regulation and the office of the Illinois Secretary of State;
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(2) "relevant" means having a tendency to make the
| | existence of any information that is of consequence to an investigation of motor vehicle theft or insurance fraud investigation or a determination of such issue more probable or less probable than it would be without such information;
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(3) information will be "deemed important" if within
| | the sole discretion of the authorized governmental agency such information is requested by that authorized governmental agency;
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(4) "Illinois authorized governmental agency" means
| | an authorized governmental agency as defined in item (1) that is a part of the government of the State of Illinois or any of the counties or municipalities of this State or any other authorized entity; and
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(5) For the purposes of this Section and Section
| | 155.23, "insurer" means insurance companies, insurance support organizations, self-insured entities, and other providers of insurance products and services doing business in the State of Illinois.
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(b) Upon written request to an insurer by an authorized governmental agency,
an insurer or agent authorized by an insurer to act on its behalf shall
release to the requesting authorized governmental agency any or all relevant
information deemed important to the authorized governmental agency which
the insurer may possess relating to any specific motor vehicle theft or motor
vehicle insurance fraud. Relevant information may include, but is not limited
to:
(1) Insurance policy information relevant to the
| | motor vehicle theft or motor vehicle insurance fraud under investigation, including any application for such a policy.
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(2) Policy premium payment records which are
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(3) History of previous claims made by the insured.
(4) Information relating to the investigation of the
| | motor vehicle theft or motor vehicle insurance fraud, including statements of any person, proofs of loss and notice of loss.
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(c) When an insurer knows or reasonably believes to know the identity
of a person whom it has reason to believe committed a criminal or fraudulent
act relating to a motor vehicle theft or a motor vehicle insurance claim
or has knowledge of such a criminal or fraudulent act which is reasonably
believed not to have been reported to an authorized governmental agency,
then for the purpose of notification and investigation, the insurer or an
agent authorized by an insurer to act on its behalf shall notify an authorized
governmental agency of such knowledge or reasonable belief and provide any
additional relevant information in accordance with subsection
(b) of this Section. When the motor vehicle
theft or motor vehicle claim that gives rise to the suspected criminal or
fraudulent act has already generated an incident report to an Illinois
authorized governmental agency, the insurer shall report the suspected
criminal or fraudulent act to that agency. When no prior
incident report has been made, the insurer shall report the suspected criminal
or
fraudulent act to the Attorney General or State's Attorney in the county or
counties where the incident is claimed to have occurred. When the incident
that gives rise to the suspected criminal or fraudulent act is claimed to have
occurred outside the State of Illinois, but the suspected criminal or
fraudulent act occurs within the State of Illinois, the insurer shall make the
report to the Attorney General or State's Attorney in the county or counties
where the suspected criminal or fraudulent act occurred. When the fraud occurs
in multiple counties the report shall also be sent to the Attorney General.
(d) When an insurer provides any of the authorized governmental agencies
with notice pursuant to this Section it shall be deemed sufficient notice
to all authorized governmental agencies for the purpose of this Act.
(e) The authorized governmental agency provided with information pursuant
to this Section may release or provide such information to any other authorized
governmental agency.
(f) Any insurer providing information to an authorized governmental agency
pursuant to this Section shall have the right to request and receive relevant
information from such authorized governmental agency, and receive within
a reasonable time after the completion of the investigation, not to exceed
30 days, the information requested.
(g) Any information furnished pursuant to this Section shall be privileged
and not a part of any public record. Except as otherwise provided by law,
any authorized governmental agency, insurer, or an agent authorized by an
insurer to act on its behalf which receives any information furnished pursuant
to this Section, shall not release such information to public inspection.
Such evidence or information shall not be subject to subpoena duces tecum
in a civil or criminal proceeding unless, after reasonable notice to any
insurer, agent authorized by an insurer to act on its behalf and authorized
governmental agency which has an interest in such information and a hearing,
the court determines that the public interest and any ongoing investigation
by the authorized governmental agency, insurer, or any agent authorized
by an insurer to act on its behalf will not be jeopardized by obedience to
such a subpoena duces tecum.
(h) No insurer, or agent authorized by an insurer on its behalf, authorized
governmental agency or their respective employees shall be subject to any
civil or criminal liability in a cause of action of any kind for releasing
or receiving any information pursuant to this Section. Nothing herein is
intended to or does in any way or manner abrogate or lessen the common and
statutory law privileges and immunities of an insurer, agent authorized
by an insurer to act on its behalf or authorized governmental agency or
any of their respective employees.
(Source: P.A. 102-538, eff. 8-20-21.)
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