215 ILCS 5/429
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXVI - Unfair Methods Of Competition And Unfair And Deceptive Acts And Practices

 (from Ch. 73, par. 1036)Sec. 429. Procedure  as to unfair methods of competition and unfair or deceptive acts or  practices which are not defined.(1) Whenever the Director shall have reason to believe (a) that any  person engaged in the business of insurance is engaging in this State in  any method of competition or in any act or practice in the conduct of such  business which is not defined in Section 424, as an unfair method of  competition or an unfair or deceptive act or practice or that any person  domiciled in or resident of this State engaged in the business of insurance  is engaging in any other state, territory, province, possession, country,  or district in which he or she is not licensed or otherwise authorized to transact  business in any method of competition or in any act or practice in the  conduct of such business which is not defined in Section 424, as an unfair  method of competition or an unfair or deceptive act or practice, and (b)  that such method of competition is unfair or that such act or practice is  unfair or deceptive, or (c) that such unfair method of competition or such  unfair or deceptive act or practice violates any of the provisions of this Code or any other law of this State, or (d) that a proceeding  by him or her in respect thereto would be to the interest of the public,  he or she may  issue and serve upon such person a statement of the charges in that respect  and a notice of a hearing thereon to be held at a time and place fixed in  the notice, which shall not be less than 10 days after the date of the  service thereof. Each such hearing shall be conducted in the same manner as  the hearings provided for in Section 426. The Director shall, after such  hearing, make a report in writing in which he or she shall state his  or her findings as  to the facts, and he or she shall serve a copy thereof upon such person.(2) If such report charges a violation of this Article and if such  method of competition, act, or practice has not been discontinued, the  Director may, through the Attorney General of this State, at any time after  the service of such report cause a complaint to be filed in the Circuit  Court of Sangamon County or in the Circuit Court of this State within the  county wherein the person resides or has his principal place of business,  to enjoin and restrain such person from engaging in such method, act, or  practice. The court shall have jurisdiction of the proceeding and shall  have power to make and enter appropriate orders in connection therewith and  to enter such orders as are ancillary to its jurisdiction  or are necessary  in its judgment to prevent injury to the public pendente lite.(3) A transcript of the proceedings before the Director including all  evidence taken and the report and findings shall be filed with such  complaint. If either party shall apply to the court for leave to adduce  additional evidence and shall show, to the satisfaction of the court, that  such additional evidence is material and there were reasonable grounds for  the failure to adduce such evidence in the proceedings before the Director  the court may order such additional evidence to be taken before the  Director and to be adduced upon the hearing in such manner and upon such  terms and conditions as to the court may seem proper. The Director may  modify his or her findings of fact or make new findings by reason of the  additional evidence so taken, and he or she shall file such modified or new  findings with the return of such additional evidence.(4) If the court finds (a) that the method of competition complained of  is unfair or that the act or practice complained of is unfair or deceptive,  or (b) that such unfair method of competition or such unfair or deceptive  act or practice is in violation of this Code or any other law of  this State and (c) that the proceeding by the Director with respect thereto  is to the interest of public and (d) that the findings of the Director are  supported by the evidence, it shall enter an order enjoining and  restraining the continuance of such method of competition, act, or practice.  (Source: P.A. 100-863, eff. 8-14-18.)