Illinois Appellate Court
Civil Court
Consumer Fraud and Deceptive Business Practices Act
Plaintiffs alleged that insurer engaged in deceptive and unfair business practices and was unjustly enriched by charging its longtime customers higher auto insurance rates. Plaintiffs' claims as to auto insurance rates filed with the Illinois Department of Insurance are not barred by the filed rate doctrine. The Department of Insurance and its Director do not have primary or exclusive jurisdiction or enforcement authority to determine if the complained of conduct constitutes unfair or deceptive trade practice.(CHAPMAN, concurring; MOORE, dissenting.)