215 ILCS 5/401.5
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXIV - Director Of Insurance, Hearings And Review

Sec. 401.5.     Investigation of insurance law violations.(a) If the Director of Insurance has cause to  believe that a person has engaged in, or is engaging in, an act,  activity, or practice that constitutes a business offense,  misdemeanor, or felony violation of the Illinois Insurance Code or related  insurance laws, he or she shall designate appropriate investigators or  agents to investigate the violations.  For purposes of carrying  out investigations under this Section, the Department of Insurance is deemed a  criminal justice agency under all federal and State laws  and regulations, and as such shall have access to any information that concerns  or relates to a violation of the Illinois Insurance Code or  related insurance laws and that is available to criminal justice  agencies.(b) The Director of Insurance may  transmit or receive written or oral information relating to possible violations  of the insurance laws of this State received by or from any other criminal  justice agencies, whether federal, State, or local, if, in the opinion of  the Director, the transmittal is appropriate and may further the  effective prevention of criminal activities.(c) The Department of Insurance's papers, documents, reports,  or evidence relevant to the subject of an investigation under this Section  is not subject to public inspection for so long as the  Department deems reasonably necessary to complete the investigation, to protect  the person investigated  from unwarranted injury, or to be in the public interest.  Further, the papers,  documents, reports, or evidence relevant to the subject of an  investigation under this Section is not subject to  subpoena until opened for public inspection by the Department, unless the  Department consents, or until, after notice to the Department and a hearing,  the court determines the Department would not be unnecessarily hindered by  the subpoena.  No officer, agent, or employee of the  Department is subject to subpoena in civil actions by a court of this State to  testify concerning a matter of which  they have knowledge under a pending insurance fraud  investigation by the Department.(d) No insurer, or employees or agents of an  insurer, are subject  to civil liability for libel or otherwise by virtue of furnishing information  required by the insurance laws of this State or required by the Department  of Insurance as a result of its investigation.  No cause of action exists and  no liability may be imposed, either civil or criminal,  against the State, the Director, any officer, agent, or employee of the  Department of Insurance, or individuals employed or retained by the Director,  for an act or omission by them in the performance of a  power or duty authorized by this Section, unless the act or  omission  was performed in bad faith and with intent to injure a particular person.(e) The powers vested in the Director by this Section are  additional to other powers and remedies vested in the Director  by law, and nothing in this Section shall be construed as  requiring that the Director shall employ the powers conferred in this  Section instead of or as a condition precedent to the exercise of  any other power or remedy vested in the Director.  The Director may establish  systems and procedures for carrying out investigations under this Section as  are necessary to avoid the impairment or compromise of his or her authority  under this Section or any other law relating to the regulation of insurance.    (Source: P.A. 89-234, eff. 1-1-96.)