§ 215 ILCS 5/1001 Purpose
§ 215 ILCS 5/1002 Scope
§ 215 ILCS 5/1003 Definitions
§ 215 ILCS 5/1004 Pretext Interviews
§ 215 ILCS 5/1005 Notice of Insurance Information Practices
§ 215 ILCS 5/1006 Marketing and Research Surveys
§ 215 ILCS 5/1007 Content of Disclosure Authorization Forms
§ 215 ILCS 5/1008 Investigative Consumer Reports
§ 215 ILCS 5/1009 Access to Recorded Personal Information
§ 215 ILCS 5/1010 Correction, Amendment or Deletion of Recorded Personal Information
§ 215 ILCS 5/1011 Reasons for Adverse Underwriting Decisions
§ 215 ILCS 5/1012 Information Concerning Previous Adverse Underwriting Decisions
§ 215 ILCS 5/1013 Previous Adverse Underwriting Decisions
§ 215 ILCS 5/1014 Disclosure Limitations and Conditions
§ 215 ILCS 5/1015 Powers of Director
§ 215 ILCS 5/1016 Hearings, Witnesses, Appearances, Production of Books and Service of …
§ 215 ILCS 5/1017 Service of Process – Insurance-Support Organizations
§ 215 ILCS 5/1018 Cease and Desist Orders and Reports
§ 215 ILCS 5/1019 Judicial Review
§ 215 ILCS 5/1020 Penalties
§ 215 ILCS 5/1021 Individual Remedies
§ 215 ILCS 5/1022 Immunity
§ 215 ILCS 5/1023 Obtaining Information Under False Pretenses
§ 215 ILCS 5/1023.5 Federal privacy protections
§ 215 ILCS 5/1024 This Article takes effect on July 1, 1981

Terms Used In Illinois Compiled Statutes > 215 ILCS 5 > Article XL - Insurance Information And Privacy Protection

  • Adverse underwriting decision: means :
            (1) any of the following actions with respect to
    
insurance transactions involving insurance coverage which is individually underwritten:
            (a) a declination of insurance coverage,
            (b) a termination of insurance coverage,
            (c) failure of an agent to apply for insurance
        
coverage with a specific insurance institution which the agent represents and which is requested by an applicant,
            (d) in the case of a property or casualty
        
insurance coverage:
                (i) placement by an insurance institution or
            
agent of a risk with a residual market mechanism, an unauthorized insurer or an insurance institution which specializes in substandard risks, or
                (ii) the charging of a higher rate on the
            
basis of information which differs from that which the applicant or policyholder furnished, or
            (e) in the case of life, health or disability
        
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
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Applicant: means any person who seeks to contract for insurance coverage other than a person seeking group insurance that is not individually underwritten. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Consumer report: means any written, oral or other communication of information bearing on a natural person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living which is used or expected to be used in connection with an insurance transaction. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Consumer reporting agency: means any person who:
            (1) regularly engages, in whole or in part, in the
  •     
    practice of assembling or preparing consumer reports for a monetary fee,
            (2) obtains information primarily from sources other
        
    than insurance institutions, and
            (3) furnishes consumer reports to other persons. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Declination of insurance coverage: means a denial, in whole or in part, by an insurance institution or agent of requested insurance coverage. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Director: means the Director of Insurance. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Institutional source: means any person or governmental entity that provides information about an individual to an agent, insurance institution or insurance-support organization, other than:
            (1) an agent,
            (2) the individual who is the subject of the
  •     
    information, or
            (3) a natural person acting in a personal capacity
        
    rather than in a business or professional capacity. 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 transaction: means any transaction involving insurance primarily for personal, family or household needs rather than business or professional needs which entails:
            (1) the determination of an individual's eligibility
  •     
    for an insurance coverage, benefit or payment, or
            (2) the servicing of an insurance application,
        
    policy, contract or certificate. 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
  • Investigative consumer report: means a consumer report or portion thereof in which information about a natural person's character, general reputation, personal characteristics or mode of living is obtained through personal interviews with the person's neighbors, friends, associates, acquaintances or others who may have knowledge concerning such items of information. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Medical professional: means any person licensed or certified to provide health care services to natural persons, including but not limited to, a physician, dentist, nurse, optometrist, chiropractor, naprapath, pharmacist, physical or occupational therapist, psychiatric social worker, speech therapist, clinical dietitian or clinical psychologist. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Medical-care institution: means any facility or institution that is licensed to provide health care services to natural persons, including but not limited to: hospitals, skilled nursing facilities, home-health agencies, medical clinics, rehabilitation agencies and public-health agencies and health-maintenance organizations. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Medical-record information: means personal information which:
            (1) relates to an individual's physical or mental
  •     
    condition, medical history or medical treatment, and
            (2) is obtained from a medical professional or
        
    medical-care institution, from the individual, or from the individual's spouse, parent or legal guardian. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any natural person, corporation, association, partnership or other legal entity. 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
  • Policyholder: means any person who:
            (1) in the case of individual property or casualty
  •     
    insurance, is a present named insured;
            (2) in the case of individual life, health or
        
    disability insurance, is a present policyowner; or
            (3) in the case of group insurance which is
        
    individually underwritten, is a present group certificateholder. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Pretext interview: means an interview whereby a person, in an attempt to obtain information about a natural person, performs one or more of the following acts:
            (1) pretends to be someone he or she is not,
            (2) pretends to represent a person he or she is not
  •     
    in fact representing,
            (3) misrepresents the true purpose of the interview,
        
    or
            (4) refuses to identify himself or herself upon
        
    request. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Privileged information: means any individually identifiable information that: (1) relates to a claim for insurance benefits or a civil or criminal proceeding involving an individual, and (2) is collected in connection with or in reasonable anticipation of a claim for insurance benefits or civil or criminal proceeding involving an individual; provided, however, information otherwise meeting the requirements of this subsection shall nevertheless be considered "personal information" under this Article if it is disclosed in violation of Section 1014 of this Article. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • 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
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Subpoena: A command to a witness to appear and give testimony.
  • Unauthorized insurer: means an insurance institution that has not been granted a certificate of authority by the Director to transact the business of insurance in this State. See Illinois Compiled Statutes 215 ILCS 5/1003
  • under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Illinois Compiled Statutes 215 ILCS 5/1003