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Illinois Compiled Statutes

215 ILCS 5/401 (2026)

General powers of the director

✓ current as of May 2026
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(215 ILCS 5/401) (from Ch. 73, par. 1013)
    Sec. 401. General powers of the director. The Director is charged with the rights, powers and duties appertaining to the enforcement and execution of all the insurance laws of this State. He shall have the power
        (a) to make reasonable rules and regulations as may
    
be necessary for making effective such laws;
        (b) to conduct such investigations as may be
    
necessary to determine whether any person has violated any provision of such insurance laws;
        (c) to conduct such examinations, investigations and
    
hearings in addition to those specifically provided for, as may be necessary and proper for the efficient administration of the insurance laws of this State; and
        (d) to institute such actions or other lawful
    
proceedings as he may deem necessary for the enforcement of the Illinois Insurance Code or of any Order or action made or taken by him under this Code. The Attorney General, upon request of the Director, may proceed in the courts of this State to enforce an Order or decision in any court proceeding or in any administrative proceeding before the Director.
    Whenever the Director is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out his statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law, the Illinois State Police is authorized to furnish, pursuant to positive identification, such information contained in State files as is necessary to meet the requirements of such authorization or statutes.
(Source: P.A. 102-538, eff. 8-20-21.)

    
Notes of Decisions
Cited in 24 cases (7 in the last 5 years), 2001–2026 · leading case: Weis v. State Farm Mut. Auto. Ins., 776 N.E.2d 309 (Ill. App. Ct. 2002).
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Weis v. State Farm Mut. Auto. Ins., 776 N.E.2d 309 (Ill. App. Ct. 2002). · cites it 4× “See 215 ILCS 5/401 through 407 (West 2000). The Insurance Code provides that “[t]he Director [of the Department of Insurance] is charged with the rights, powers and duties appertaining to the enforcement and execution of all the insurance laws of this State.”
Vine Street Clinic v. HealthLink, Inc., 856 N.E.2d 422 (Ill. 2006). “3d 402, 406 (2002) (the enforcement of the insurance rules was clearly delegated to the Department of Insurance and, as such, a plaintiff cannot plead or pursue a private action based on an insurer’s violation of these rules); 215 ILCS 5/401 through 407 (West 2004); see also…”
Cretella v. Azcon, Inc., 2022 IL App (1st) 211224 (Ill. App. Ct. 2022). · cites it 3× “” 215 ILCS 5/401 (West 2020). ¶ 43 “Cases where a private right of action has been found inconsistent with the purpose of a statute generally have involved situations where such a right would impede the operation of the statute in some way.”
Mathis v. Lumbermen's Mut. Cas. Ins., 822 N.E.2d 543 (Ill. App. Ct. 2004). · cites it 2× “As Lumbermen’s notes, the insurance regulations are enforceable by the Director of Insurance (215 ILCS 5/401 et seq. (West 2002)), and as in California, the enforcement of the insurance regulations is punitive and not remedial (215 ILCS 5/403A (West 2002)).”
Prate Roofing & Installations, LLC v. Liberty Mut. Ins. Corp., 2022 IL 127140 (Ill. 2022). · cites it 3× “The DOI and the Director argued that the DOI had implied authority under sections 401, 402, 403, and 462 of the Insurance Code (see 215 ILCS 5/401, 402, 403, 462 (West 2016)).”
McRaith v. BDO Seidman, LLP, 909 N.E.2d 310 (Ill. App. Ct. 2009). “See 215 ILCS 5/401 (West 2006). As another part of the goal of protection through the regulation process, the Insurance Companies here were required to submit annual audited financial reports with the director of insurance.”
Lauer v. Am. Fam. Life Ins., 769 N.E.2d 924 (Ill. 2002). “” Additionally, section 401(a) of the Insurance Code (215 ILCS 5/401(a) (West 2000)) gives the Director of Insurance the power to make reasonable rules and regulations to make the insurance laws effective.”
Cas. Ins. v. Hill Mech. Grp., 753 N.E.2d 370 (Ill. App. Ct. 2001). “5 of the Insurance Code (215 ILCS 5/401(b), (c), 401.5 (West 1998)) which give the Director the power to investigate alleged violations of the Insurance Code.”
Schilke v. Wachovia Mortg., FSB, 758 F. Supp. 2d 549 (N.D. Ill. 2010). “h Plaintiff is correct that the power to disapprove rates is not listed among the general powers of the DOI (215 ILCS 5/401(a)-(d)), other provisions of the Insurance Code empower the DOI to investigate, order the cessation of, and impose penalties for the use of any unfair or…”
Prate Roofing & Installations, LLC v. Liberty Mut. Ins. Corp., 2021 IL App (1st) 191842-U (Ill. App. Ct. 2021). · cites it 5× “Instead, Liberty Mutual contends that CAT Express is distinguishable from the present case because here the DOI’s authority comes from section 462 of the Code (215 ILCS 5/462 (West 2018)), and not section 401 (215 ILCS 5/401 (West 2018)) as in the CAT Express case.”
CAT Express, Inc. v. Muriel, 2019 IL App (1st) 181851 (Ill. App. Ct. 2020). “” 215 ILCS 5/401 (West 2016). Specifically, the Director has the power “(a) to make reasonable rules and regulations as may be necessary for making effective such laws; (b) to conduct such investigations as may be necessary to determine whether any person has violated any…”
Corbin v. The Allstate Corp., 2019 IL App (5th) 170296 (Ill. App. Ct. 2019). “Allstate argued that the Director is vested with general oversight of the insurance industry, including automobile insurance rates (215 ILCS 5/401 (West 2012)), and authorized to evaluate and 3 declare that an insurer’s trade practices constitute unfair methods of competition or…”
Show all 24 citing cases →
— 215 ILCS 5/401(a) — 10 cases
Lauer v. Am. Fam. Life Ins., 769 N.E.2d 924 (Ill. 2002). “” Additionally, section 401(a) of the Insurance Code (215 ILCS 5/401(a) (West 2000)) gives the Director of Insurance the power to make reasonable rules and regulations to make the insurance laws effective.”
Weis v. State Farm Mut. Auto. Ins., 776 N.E.2d 309 (Ill. App. Ct. 2002). “See 215 ILCS 5/401 through 407 (West 2000). The Insurance Code provides that “[t]he Director [of the Department of Insurance] is charged with the rights, powers and duties appertaining to the enforcement and execution of all the insurance laws of this State.”
Schilke v. Wachovia Mortg., FSB, 758 F. Supp. 2d 549 (N.D. Ill. 2010). “h Plaintiff is correct that the power to disapprove rates is not listed among the general powers of the DOI (215 ILCS 5/401(a)-(d)), other provisions of the Insurance Code empower the DOI to investigate, order the cessation of, and impose penalties for the use of any unfair or…”
Mathis v. Lumbermen's Mut. Cas. Ins., 822 N.E.2d 543 (Ill. App. Ct. 2004). “As Lumbermen’s notes, the insurance regulations are enforceable by the Director of Insurance (215 ILCS 5/401 et seq. (West 2002)), and as in California, the enforcement of the insurance regulations is punitive and not remedial (215 ILCS 5/403A (West 2002)).”
Prate Roofing & Installations, LLC v. Liberty Mut. Ins. Corp., 2021 IL App (1st) 191842-U (Ill. App. Ct. 2021). “Instead, Liberty Mutual contends that CAT Express is distinguishable from the present case because here the DOI’s authority comes from section 462 of the Code (215 ILCS 5/462 (West 2018)), and not section 401 (215 ILCS 5/401 (West 2018)) as in the CAT Express case.”
— 215 ILCS 5/401(b) — 6 cases
Cas. Ins. v. Hill Mech. Grp., 753 N.E.2d 370 (Ill. App. Ct. 2001). “5 of the Insurance Code (215 ILCS 5/401(b), (c), 401.5 (West 1998)) which give the Director the power to investigate alleged violations of the Insurance Code.”
Weis v. State Farm Mut. Auto. Ins., 776 N.E.2d 309 (Ill. App. Ct. 2002). “See 215 ILCS 5/401 through 407 (West 2000). The Insurance Code provides that “[t]he Director [of the Department of Insurance] is charged with the rights, powers and duties appertaining to the enforcement and execution of all the insurance laws of this State.”
Hopman v. State Farm Mut. Auto. Ins. Co., 2024 IL App (2d) 230423-U (Ill. App. Ct. 2024).
Becker-Othman v. State Farm Mut. Auto. Ins. Co. (Ill. App. Ct. 2026).
Weis v. State Farm Mut. Auto. Ins. Co. (Ill. App. Ct. 2002).
— 215 ILCS 5/401(c) — 2 cases
Prate Roofing & Installations, LLC v. Liberty Mut. Ins. Corp., 2022 IL 127140 (Ill. 2022). “The DOI and the Director argued that the DOI had implied authority under sections 401, 402, 403, and 462 of the Insurance Code (see 215 ILCS 5/401, 402, 403, 462 (West 2016)).”
Prate Roofing & Installations, LLC v. Liberty Mut. Ins. Corp., 2022 IL 127140 (Ill. 2022).
— 215 ILCS 5/401(d) — 1 case
Schilke v. Wachovia Mortg., Psb, 705 F. Supp. 2d 932 (N.D. Ill. 2010).
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