Subject Index Insurance

On July 16, 2015, the First District of the Appellate Court affirmed the circuit court's entry of summary judgment on behalf of an insurance company in a declaratory judgment action.

New regulations by the Department of Insurance require insurance providers to provide alternate methods of disclosure for persons under a protective order.

On March 19, 2015, the Illinois Supreme Court held that insurance agents owe a duty of care to insureds under § 2-2201 of the Illinois Code of Civil Procedure.

To comply with Illinois Public Act 96-1332, the Department of Insurance ("DOI") has made three significant changes to the way insurance adjustors are licensed.

Travel insurance business entities may now receive licenses from the Director of Insurance for an initial fee of $500 and an annual $500 renewal fee thereafter.

On December 19, 2014, the Department of Insurance amended the Part titled Medical Liability Insurance Rules and Rate Filings to comply with a 2010 Illinois Supreme Court ruling. 50 Ill. Adm. Code 929 (eff. Dec. 19, 2014).

Any applications for the All Kids Health Insurance Program will now be considered with criteria established by the federal Affordable Care Act. 89 Ill. Adm. Code 123 (eff. Dec. 2, 2014).

As of July 1, 2015, discriminatory insurance practices against transgender persons will no longer be tolerated. 50 Ill. Adm. Code 2603 (eff. July 1, 2015).

The Illinois Insurance Code has been expanded to include coverage for telehealth services. For the purposes of this new section, "telehealth services" is defined as "the delivery of covered health care services by way of an interactive telecommunications system."

On December 19, 2013, the Illinois Supreme Court held that an automobile insurance policy that excluded the only named insured violated and contradicted provisions in the Illinois Vehicle Code.

The Department of Central Management Services ("CMS") has extended the financial incentives for non-Medicare annuitants who opt out of the State Employees Group Insurance. 80 Ill. Adm. Code 2106.

Applicants for registration as title insurance agents will now have new requirements as part of their application. Whether the applicant is a person, firm, or other type of business organization, they must submit a signed and notarized affidavit affirming that the applicant, or any member, officer, or manager thereof, has never been convicted of or pled guilty to a felony, or a misdemeanor related to thievery or dishonesty.

To accommodate changes to the Illinois standard provisions for life insurance policies, 215 ILCS 5/224, the Illinois Department of Insurance changed two requirements for the construction and filing of life insurance and annuity forms. 50 Ill. Adm. Code 1405.

The Illinois Vehicle Code has been amended to allow for the electronic display of insurance information for the proof of insurance that is required to be carried in the vehicle. 625 ILCS 5/7-602.

Section 5 of the Illinois Vehicle Code has long provided that vehicle owners applying for registration need to provide detailed information regarding the insurance policy for the motor vehicle, such as the policy number, the name of the insurer issuing the policy, and the expiration date of the policy. 625 ILCS 5/3-405.

The Illinois Public Aid Code has been amended to address third party liability. 305 ILCS 5/12-4.45.

On May 23, 2013, the Illinois Supreme Court held that the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. section 227(b)(3) (2006), was a remedial statute, not a punitive statute.

On April 16, 2013, the first district appellate court held that the insured of an insolvent insurer could not recover any proceeds from its insurance policies above the amount paid to an injured party in a settlement agreement.

On September 28, 2012, the first district appellate court held that an insured who owned and had entered into a demolition contract for a building, but had not yet begun to demolish the building, had an insurable interest in the building when it was damaged in a fire.

Illinois lawmakers have amended the Illinois Insurance Code (215 ILCS 5/4) to read that Illinois insurance laws do not apply to arrangements between religious organizations and their participants when 12 criteria are met.

The Illinois Insurance Code has been amended to require insurance companies to offer coverage for tobacco use cessation programs subject to certain exceptions.

On August 30, 2011, the Appellate Court for the Third District of Illinois reversed a circuit court's denial of a motion to compel arbitration.

The Illinois Department of Insurance recently adopted new rules for reasonable nonforfeiture benefits in the event a consumer decides to terminate certain life insurance policies as authorized by section 229.2 of the Illinois Insurance Code [215 ILCS 5/229.2].