(215 ILCS 5/154.6) (from Ch. 73, par. 766.6)
Sec. 154.6. Acts constituting improper claims practice. Any of the
following acts by a company, if committed without just cause and in
violation of Section 154.5, constitutes an improper claims practice:
(a) Knowingly misrepresenting to claimants and insureds relevant
facts or policy provisions relating to coverages at issue;
(b) Failing to acknowledge with reasonable promptness pertinent
communications with respect to claims arising under its policies;
(c) Failing to adopt and implement reasonable standards for the
prompt investigations and settlement of claims arising under its policies;
(d) Not attempting in good faith to effectuate prompt, fair and
equitable settlement of claims submitted in which liability has become
reasonably clear;
(e) Compelling policyholders to institute suits to recover amounts
due under its policies by offering substantially less than the amounts
ultimately recovered in suits brought by them;
(f) Engaging in activity which results in a disproportionate number
of meritorious complaints against the insurer received by the Insurance
Department;
(g) Engaging in activity which results in a disproportionate number
of lawsuits to be filed against the insurer or its insureds by
claimants;
(h) Refusing to pay claims without conducting a reasonable
investigation based on all available information;
(i) Failing to affirm or deny coverage of claims within a reasonable
time after proof of loss statements have been completed;
(j) Attempting to settle a claim for less than the amount to which a
reasonable person would believe the claimant was entitled, by reference
to written or printed advertising material accompanying or made part of
an application or establishing unreasonable caps or limits on paint
or materials
when estimating vehicle repairs;
(k) Attempting to settle claims on the basis of an application which
was altered without notice to, or knowledge or consent of, the insured;
(l) Making a claims payment to a policyholder or beneficiary
omitting the coverage under which each payment is being made;
(m) Delaying the investigation or payment of claims by requiring an
insured, a claimant, or the physicians of either to submit a preliminary
claim report and then requiring subsequent submission of formal proof of
loss forms, resulting in the duplication of verification;
(n) Failing in the case of the denial of a claim or the offer of a
compromise settlement to promptly provide a reasonable and accurate
explanation of the basis in the insurance policy or applicable law for
such denial or compromise settlement;
(o) Failing to provide forms necessary to present claims within 15
working days of a request with such explanations as are necessary to use
them effectively;
(p) Failing to adopt and implement reasonable standards to verify that
a repairer designated by the insurance company to provide an estimate,
perform repairs, or engage in any other service in connection with an
insured loss on a vehicle is duly licensed under Section 5-301 of the
Illinois Vehicle Code;
(q) Failing to provide as a persistent tendency a notification on any
written estimate prepared by an insurance company in connection with an
insured loss that Illinois law requires that vehicle repairers must be
licensed in accordance with Section 5-301 of the Illinois Vehicle Code;
(r) Failing to pay the replacement vehicle use or occupation tax, title, and transfer fees required by Section 154.9 of this Code; (s) Engaging in any other acts which are in substance equivalent to
any of the foregoing.
(Source: P.A. 102-69, eff. 7-1-22.)
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