215 ILCS 5/500-77
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXI - Insurance Producers, Limited Insurance Representatives And Registered Firms

(Section scheduled to be repealed on January 1, 2027)Sec. 500-77. 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  business entity or furnished by the insured to the  insurer or any agent,  contractor, or representative of the insurer.For purposes of this Section only, a business entity          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 business entity.  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 business  entity.(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 business entity 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  business entity.  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 business entity.  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 business entity, this Section  shall not apply:(1) when the insured requests either orally or in     writing that another business entity obtain quotes for insurance from another insurance company or when the insured requests in writing individually or through another business entity, 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 business entity 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     business entity, 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 business entity 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 business entity 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, business entity, 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  June 1, 2001.      (Source: P.A. 94-248, eff. 7-19-05.)