No insurance institution or agent may base an adverse underwriting decision in whole or in part:
     (A) on the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism; provided, however, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;

insurance transactions involving insurance coverage which is individually underwritten:

coverage with a specific insurance institution which the agent represents and which is requested by an applicant,

insurance coverage:

agent of a risk with a residual market mechanism, an unauthorized insurer or an insurance institution which specializes in substandard risks, or

basis of information which differs from that which the applicant or policyholder furnished, or

	insurance coverage, an offer to insure at higher than standard rates. See Illinois Compiled Statutes 215 ILCS 5/1003 Agent: means an individual, firm, partnership, association or corporation who is involved in the solicitation, negotiation or binding of coverages for or on applications or policies of insurance, covering property or risks located in this State. See Illinois Compiled Statutes 215 ILCS 5/1003 Individual: means any natural person who:         (1) in the case of property or casualty insurance, is
a past, present or proposed named insured or certificateholder;
(2) in the case of life, health or disability
insurance, is a past, present or proposed principal insured or certificateholder;
(3) is a past, present or proposed policyowner;         (4) is a past or present applicant;         (5) is a past or present claimant; or         (6) derived, derives or is proposed to derive
insurance coverage under an insurance policy or certificate subject to this Article. See Illinois Compiled Statutes 215 ILCS 5/1003 Insurance institution: means any corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal benefit society or other person engaged in the business of insurance, health maintenance organizations as defined in § 2 of the Health Maintenance Organization Act, voluntary health services plans as defined in § 2 of the Voluntary Health Services Plans Act, and dental service plans as defined in § 4 of the Dental Service Plan Act. See Illinois Compiled Statutes 215 ILCS 5/1003 Insurance-support organization: means :         (1) any person who regularly engages, in whole or in      part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurance institution or agent for insurance transactions, including:             (a) the furnishing of consumer reports or          investigative consumer reports to an insurance institution or agent for use in connection with an insurance transaction, or             (b) the collection of personal information from          insurance institutions, agents or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity. See Illinois Compiled Statutes 215 ILCS 5/1003 Personal information: includes an individual's name and address and "medical-record information" but does not include "privileged information". See Illinois Compiled Statutes 215 ILCS 5/1003 Residual market mechanism: means an association, organization or other entity described in Article XXXIII of this Act, or Section 7-501 of The Illinois Vehicle Code. See Illinois Compiled Statutes 215 ILCS 5/1003      (B) on personal information received from an insurance-support organization whose primary source of information is insurance institutions; provided, however, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization.   Previous section Next section    Article XL Contents