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92nd General Assembly

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Public Act 92-0005

SB333 Enrolled                                LRB9200974JSpcB

    AN ACT concerning insurance.

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

    Section 5.  The Illinois Insurance  Code  is  amended  by
adding Section 507.2 as follows:

    (215 ILCS 5/507.2 new)
    Sec.   507.2.  Policyholder   information  and  exclusive
ownership of expirations.
    (a)  As used in this  Section,  "expirations"  means  all
information  relative  to  an insurance policy including, but
not limited to, the name and  address  of  the  insured,  the
location  and  description of the property insured, the value
of the insurance policy,  the  inception  date,  the  renewal
date,  and  the  expiration date of the insurance policy, the
premiums, the limits and  a  description  of  the  terms  and
coverage  of the insurance policy, and any other personal and
privileged information, as defined by Section  1003  of  this
Code,  compiled  by  a  registered  firm  or furnished by the
insured  to  the  insurer  or  any  agent,   contractor,   or
representative of the insurer.
    For purposes of this Section only, a registered firm also
includes a sole proprietorship that transacts the business of
insurance as an insurance agency.
    (b)  All  "expirations"  as  defined in subsection (a) of
this Section shall be mutually and exclusively owned  by  the
insured  and the registered firm.  The limitations on the use
of expirations as provided in subsections (c) and (d) of this
Section shall be for mutual benefit of the  insured  and  the
registered firm.
    (c)  Except  as  otherwise  provided in this Section, for
purposes of soliciting, selling, or negotiating  the  renewal
or   sale  of  insurance  coverage,  insurance  products,  or
insurance services or for  any  other  marketing  purpose,  a
registered  firm  shall  own  and  have  the exclusive use of
expirations, records, and  other  written  or  electronically
stored   information   directly   related   to  an  insurance
application submitted by,  or  an  insurance  policy  written
through,  the registered firm. No insurance company, managing
general agent,  surplus  lines  insurance  broker,  wholesale
broker, group self-insurance fund, third-party administrator,
or  any  other  entity, other than a financial institution as
defined  in  Section  1402  of  this  Code,  shall  use  such
expirations, records,  or  other  written  or  electronically
stored information to solicit, sell, or negotiate the renewal
or   sale  of  insurance  coverage,  insurance  products,  or
insurance services to the insured or for any other  marketing
purposes, either directly or by providing such information to
others,   without, separate from the general agency contract,
the written consent of the  registered  firm.  However,  such
expirations,  records,  or  other  written  or electronically
stored information may be used for any purpose necessary  for
placing   such   business   through  the  insurance  producer
including reviewing an application and issuing or renewing  a
policy and for loss control services.
    (d)  With  respect  to  a  registered  firm, this Section
shall not apply:
         (1)  when the insured requests either orally  or  in
    writing  that  another  registered firm obtain quotes for
    insurance from another  insurance  company  or  when  the
    insured  requests  in  writing  individually  or  through
    another registered firm, that the insurance company renew
    the policy;
         (2)  to  policies  in  the  Illinois  Fair Plan, the
    Illinois  Automobile  Insurance  Plan,  or  the  Illinois
    Assigned  Risk  Plan  for  coverage  under  the  Workers'
    Compensation Act and the Workers'  Occupational  Diseases
    Act;
         (3)  when  the  insurance producer is employed by or
    has agreed  to  act  exclusively  or  primarily  for  one
    company  or group of affiliated insurance companies or to
    a producer  who  submits  to  the  company  or  group  of
    affiliated  companies  that  are  organized  to  transact
    business  in  this  State  as  a  reciprocal  company, as
    defined in Article IV of  this  Code,  every  request  or
    application  for  insurance  for  the  classes  and lines
    underwritten  by  the  company  or  group  of  affiliated
    companies;
         (4)  to policies providing  life  and  accident  and
    health insurance;
         (5)  when  the  registered  firm  is  in default for
    nonpayment  of  premiums  under  the  contract  with  the
    insurer or is guilty of conversion of  the  insured's  or
    insurer's  premiums  or  its  license  is  revoked  by or
    surrendered to the Department;
         (6)  to any insurance  company's  obligations  under
    Sections 143.17 and 143.17a of this Code; or
         (7)  to  any  insurer that, separate from a producer
    or registered  firm,  creates,  develops,  compiles,  and
    assembles its own, identifiable expirations as defined in
    subsection (a).
    For purposes of this Section, an insurance producer shall
be  deemed to have agreed to act primarily for one company or
a group of affiliated insurance companies if the producer (i)
receives  75%  or  more  of  his  or  her  insurance  related
commissions  from  one  company  or  a  group  of  affiliated
companies or (ii) places 75% or more of his or  her  policies
with one company or a group of affiliated companies.
    Nothing  in  this Section prohibits an insurance company,
with respect to any  items  herein,  from  conveying  to  the
insured  or  the  registered  firm any additional benefits or
ownership rights including, but not limited to, the ownership
of expirations on any policy  issued  or  the  imposition  of
further  restrictions  on  the insurance company's use of the
insured's personal information.
    (e)  Nothing  in  this  Section  prevents   a   financial
institution,  as  defined  in Section 1402 of this Code, from
obtaining from the insured, the insurer,  or  the  registered
firm  the  expiration  dates of an insurance policy placed on
collateral or otherwise used as security in connection with a
loan made or serviced by the financial institution  when  the
financial  institution  requires  the  expiration  dates  for
evidence of insurance.
    (f)  For    purposes    of   this   Section,   "financial
institution"  does  not   include   an   insurance   company,
registered   firm,  managing  general  agent,  surplus  lines
broker, wholesale broker, group self-funded  insurance  fund,
or third-party administrator.
    (g)  The  Director  may  adopt  rules  in accordance with
Section 401 of this Code for the enforcement of this Section.
    (h)  This Section applies to the expirations relative  to
all  policies of insurance bound, applied for, sold, renewed,
or otherwise taking effect on or after the effective date  of
this amendatory Act of the 92nd General Assembly.

    Section  99.  Effective  date. This Act takes effect upon
becoming law.
    Passed in the General Assembly May 22, 2001.
    Approved June 01, 2001.
    Effective June 01, 2001.

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