Insurance regulation bills clear Illinois General Assembly

SPRINGFIELD – Gov. JB Pritzker says he looks forward to signing a pair of bills that cleared the Illinois House on Wednesday, giving the state Insurance Department authority to regulate premiums charged for automobile and homeowners insurance.

"Too many families have dealt with unexplained, unfair insurance price hikes on their homes and cars, so this legislation helps protect consumers while maintaining the core principles the Illinois business community is built on," Pritzker said in a statement Wednesday night.

Pritzker first called for regulating homeowners insurance rates last summer after Bloomington-based State Farm Insurance, one of the largest homeowners carriers in the nation, announced a 27.2% average rate increase across the state. He suggested at the time that State Farm and other companies were trying to shift disaster-related losses from other states onto the backs of Illinois consumers.

Although the insurance industry strongly denied that charge, the debate served to highlight the fact that Illinois, unlike most other states, has no law prohibiting companies from charging "excessive, inadequate, or unfairly discriminatory" premiums.

At the same time, Secretary of State Alexi Giannoulias called for putting tighter controls on auto insurance rates, alleging consumers – especially those in low-income communities – were being harmed by companies that base their rates on factors unrelated to their driving record, such as ZIP codes and credit ratings.

For Pritzker, the two bills represent a continuation of his push to put greater controls on the Illinois insurance industry. In 2023 and 2024, he successfully pushed legislation giving the Insurance Department authority to review and approve rates for small- and large-group health insurance plans.

In a joint statement, however, the Illinois Insurance Association, the American Property Casualty Insurance Association and the National Association of Mutual Insurance Companies all warned that increased regulation of insurance premiums will do nothing to address what they say are the root causes of rate hikes – rising repair costs, more severe weather and legal system abuses. Instead, they said the bills are likely to result in even higher costs for consumers.

"The impacts may not be felt immediately, but in the long term, the state's current highly competitive market is likely to suffer and consumers could ultimately pay the price through higher insurance costs and more limited coverage options," the industry groups said.

Both measures were sponsored in the House by state Rep. Thaddeus Jones, D-Calumet City.

The final language of the homeowners insurance bill is contained in House Bill 4273, which passed the House 72-38 on Wednesday night. It requires companies to give policyholders at least 60 days' notice before raising premiums by more than 10%.

It also prohibits companies from charging "excessive, inadequate, or unfairly discriminatory rates" and gives the Insurance Department authority to review company rate filings to determine if their rates meet that standard. And it prohibits companies from engaging in "cost-shifting" by requiring that rates be based on state-specific loss data.

Under the bill, companies would still be able to implement new rates as soon as they are filed with the Insurance Department. But the bill would give the department new authority to review those filings.

If the department finds a company's rates do not meet the new standard, it would then have 60 days from the date of the filing to notify the company, which could then request a hearing to challenge the finding.

Ultimately, though, if the department's finding stands, it would have authority to reject the rate filing and order the company to rebate any excess premiums it had collected under the filing.

The bill applies to renewal notices and new rate filings dated on or after July 1, 2027.

A similar rate review process would apply to automobile insurance under the final language of Senate Bill 714, which passed the House 70-38 on Wednesday.

That bill also prohibits companies from charging excessive, inadequate or unfairly discriminatory rates. It does not, however, contain language prohibiting the use of factors such as residential ZIP codes or a driver's credit score in setting premiums.

In an interview on Thursday, however, Giannoulias said the bill achieves what he set out to accomplish.

"We're now prohibiting rates that are excessive or discriminatory so that the pricing reflects actual risk rather than hidden formulas that create these inequities," he said. "And it strengthens the Department of Insurance's authority and timelines to review these filings, to challenge unjustified increases and require rebates if and when consumers are overcharged. … It was unfathomable to me that we're one of only two states in America [with Wyoming] that doesn't have any sort of accountability or transparency in the rulemaking, and the rulemaking process."

The bill also requires companies to give customers at least 30 days' notice of any rate increases greater than 10%.

It also prohibits insurers from passing on out-of-state disaster costs to Illinois customers. And it expands access to premium discounts for drivers age 55 and over who complete an approved defensive driving program.

The bill takes effect July 1, 2027. Both bills now await Pritzker's signature.

Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.