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    AN ACT concerning insurance.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:

 
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    Section 5. The Illinois Insurance Code is amended  by 
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changing Section 236 as follows:
 



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    (215 ILCS 5/236)  (from Ch. 73, par. 848)



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    Sec. 236. Discrimination prohibited. 

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    (a) No life company doing business in this State shall make 
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or permit any
distinction or discrimination in favor of 
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individuals among insured
persons of the same class and equal 
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expectation of life in the issuance
of its policies, in the 
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amount of
payment of premiums or rates charged for policies of 
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insurance, in the
amount of any dividends or other benefits 
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payable thereon, or in any
other of the terms and conditions of 
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the contracts it makes.

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    (b) No life company shall make or permit any distinction or 
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discrimination
against individuals
with handicaps or 
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disabilities in
the amount of payment
of premiums or rates 
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charged for policies of life insurance, in the amount
of any 
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dividends or death benefits payable thereon, or in any other 
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terms
and conditions of the contract it makes unless the rate 
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differential is
based on sound actuarial principles and a 
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reasonable system of classification
and is related to actual or 
 


 






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reasonably anticipated experience directly
associated with the 
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handicap or disability.

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    (c) No life company shall refuse to insure, or refuse to 
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continue to insure,
or limit the amount or extent or kind of 
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coverage available to an
individual, or charge an individual a 
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different rate for the same coverage
solely because of 
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blindness or partial blindness.  With respect to all
other 
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conditions, including the underlying cause of the blindness or

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partial blindness, persons who are blind or partially blind 
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shall be
subject to the same standards of sound actuarial 
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principles or actual or
reasonably anticipated experience as 
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are sighted persons.  Refusal to
insure includes denial by an 
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insurer of disability insurance coverage on
the grounds that 
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the policy defines "disability" as being presumed in the
event 
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that the insured loses his or her eyesight.  However, an insurer 
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may
exclude from coverage disabilities consisting solely of 
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blindness or
partial blindness when such condition existed at 
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the time the policy was issued.

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    (d) No life company shall refuse to insure or to continue 
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to insure an
individual solely because of the individual's 
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status as a member of the
United States Air Force, Army, Coast 
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Guard, Marines, or Navy or solely because
of the individual's 
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status as a member
of the National Guard or Armed Forces 
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Reserve.

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    (e) An insurer or producer authorized to issue policies of 
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insurance in this State may not make a distinction or otherwise 
 


 






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discriminate between persons, reject an applicant, cancel a 
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policy, or demand or require a higher rate of premium for 
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reasons based solely upon an applicant's or insured's past 
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lawful travel experiences or future lawful travel plans. This 
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subsection (e) does not prohibit an insurer or producer from 
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excluding or limiting coverage under a policy or refusing to 
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offer the policy based upon past lawful travel or future lawful 
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travel plans or from charging a different rate for that 
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coverage when that action is based upon sound actuarial 
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principles or is related to actual or reasonably expected 
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experience and is not based solely on the destination's 
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inclusion on the United States Department of State's travel 
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warning list.
No life company may refuse to insure, refuse to 
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continue to insure, limit the amount or extent or kind of 
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coverage available to an
individual, or charge an individual a 
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different rate for the same coverage solely for reasons 
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associated with an applicant's or insured's past lawful travel 
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experiences.
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(Source: P.A. 93-850, eff. 7-30-04.)