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92_SB0333 LRB9200974JSpcB 1 AN ACT concerning insurance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Insurance Code is amended by 5 adding Section 507.2 as follows: 6 (215 ILCS 5/507.new) 7 Sec. 507.2. Policyholder information and exclusive 8 ownership of expirations. 9 (a) As used in this Section, "expirations" means all 10 information relative to an insurance policy including, but 11 not limited to, the name and address of the insured, the 12 location and description of the property insured, the value 13 of the insurance policy, the date of expiration, the 14 premiums, limits, terms, and coverage of the insurance 15 policy, and any other confidential information compiled by an 16 insurance producer or furnished by the insured to the insurer 17 or any agent, contractor, or representative of the insurer. 18 (b) Except as otherwise provided in this Section, for 19 purposes of soliciting, selling, or negotiating the renewal 20 or sale of insurance coverage, insurance products, or 21 insurance services or for any other marketing purpose, an 22 insurance producer shall own and have the exclusive use of 23 expirations, records, and other written or electronically 24 stored information directly related to an insurance 25 application submitted by, or an insurance policy written 26 through, the insurance producer. No insurance company, 27 managing general agent, surplus lines insurance broker, 28 wholesale broker, group self-insurance fund, third party 29 administrator, or any other entity shall use such 30 expirations, records, or other written or electronically 31 stored information to solicit, sell, or negotiate the renewal -2- LRB9200974JSpcB 1 or sale of insurance coverage, insurance products, or 2 insurance services to the insured or for any other marketing 3 purposes, either directly or by providing such information to 4 others, without the express written consent of the insured 5 and without, separate from the general agency contract, the 6 written consent of the insurance producer. However, such 7 expirations, records, or other written or electronically 8 stored information may be used for any purpose necessary for 9 placing such business through the insurance producer 10 including reviewing an application and issuing or renewing a 11 policy. 12 (c) This Section shall not apply: 13 (1) when the insured requests in writing 14 individually or through another agent, that the insurance 15 company renew the policy or write other insurance 16 business; 17 (2) to the Illinois Fair Plan, the Illinois 18 Automobile Insurance Plan, or the Illinois Assigned Risk 19 Plan for coverage under the Workers' Compensation Act and 20 the Workers' Occupational Diseases Act; 21 (3) when the insurance producer is employed by and 22 has agreed to act exclusively for one company or group of 23 affiliated insurance companies; or 24 (4) to policies providing life and health 25 insurance. 26 This subsection does not prohibit an insurance company 27 with respect to items (3) and (4) from conveying to a 28 producer the ownership of expirations on any policy issued. 29 (d) The Director may adopt rules in accordance with 30 Section 401 of this Code for the enforcement of this Section. 31 Any person who violates this Section or the rules adopted 32 pursuant to this Section shall be subject to disciplinary 33 action by the Director. 34 (e) An insurance producer harmed by a violation of this -3- LRB9200974JSpcB 1 Section shall have a right to claim for lost commissions and 2 any other relief. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.