215 ILCS 5/143
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article IX - Provisions Applicable To All Companies

 (from Ch. 73, par. 755)Sec. 143. Policy forms.(1) Life, accident and health. No company  transacting the kind or kinds of business enumerated in Classes 1 (a), 1  (b) and 2 (a) of Section 4 shall issue or deliver in this State a policy  or certificate of insurance or evidence of coverage, attach an  endorsement or rider thereto,  incorporate by reference bylaws or other matter therein or use an  application blank in this State until the form and content of such  policy, certificate, evidence of coverage, endorsement, rider, bylaw or  other matter  incorporated by reference or application blank has been filed electronically  with the Director, either through the System for Electronic Rate and Form Filing (SERFF) or as otherwise prescribed by the Director, and  approved by the Director. Any such endorsement or rider  that unilaterally reduces benefits and is to be attached to a  policy subsequent to the date the policy is  issued must be filed with, reviewed, and formally approved by the  Director prior to the date it is attached to a policy issued or  delivered in this State.  It shall be the duty of the Director to  withhold approval of any such policy, certificate, endorsement, rider,  bylaw or other matter incorporated by reference or application blank  filed with him if it contains provisions which encourage  misrepresentation or are unjust, unfair, inequitable, ambiguous,  misleading, inconsistent, deceptive, contrary to law or to the public  policy of this State, or contains exceptions and conditions that  unreasonably or deceptively affect the risk purported to be assumed in  the general coverage of the policy.  In all cases the Director shall  approve or disapprove any such form within 60 days after submission  unless the Director extends by not more than an additional 30 days the  period within which he shall approve or disapprove any such form by  giving written notice to the insurer of such extension before expiration  of the initial 60 days period. The Director shall withdraw his approval  of a policy, certificate, evidence of coverage, endorsement, rider,  bylaw, or other matter incorporated  by reference or application blank if he subsequently determines that such  policy, certificate, evidence of coverage, endorsement, rider, bylaw,  other matter, or application  blank is misrepresentative, unjust, unfair, inequitable, ambiguous, misleading,  inconsistent, deceptive, contrary to law or public policy of this State,  or contains exceptions or conditions which unreasonably or deceptively affect  the risk purported to be assumed in the general coverage of the policy or  evidence of coverage.If a previously approved policy, certificate, evidence of  coverage, endorsement, rider, bylaw  or other matter incorporated by reference or application blank is withdrawn  for use, the Director shall serve upon the company an order of withdrawal  of use, either personally or by mail, and if by mail, such service shall  be completed if such notice be deposited in the post office, postage prepaid,  addressed to the company's last known address specified in the records  of the Department of Insurance.  The order of withdrawal of use shall take  effect 30 days from the date of mailing but shall be stayed if within the  30-day period a written request for hearing is filed with the Director.  Such hearing shall be held at such time and place as designated in the order  given by the Director.  The hearing may be held either in the City of Springfield,  the City of Chicago or in the county where the principal business address  of the company is located.  The action of the Director in  disapproving or withdrawing such form shall be subject to judicial review under  the  Administrative Review Law.This subsection shall not apply to riders or endorsements issued or  made at the request of the individual policyholder relating to the  manner of distribution of benefits or to the reservation of rights and  benefits under his life insurance policy.(2) Casualty, fire, and marine.  The Director shall require the  filing of all policy forms issued or delivered by any company transacting  the kind or  kinds of business enumerated in Classes 2 (except Class 2 (a)) and 3 of  Section 4 in an electronic format either through the System for Electronic Rate and Form Filing (SERFF) or as otherwise prescribed and approved by the Director. In addition, he may require the filing of any  generally used riders, endorsements, certificates, application blanks, and  other matter  incorporated by reference in any such policy or contract of insurance.   Companies that are members of an organization, bureau, or association may  have the same filed for them by the organization, bureau, or association.  If  the Director shall find from an examination of any such policy form,  rider, endorsement, certificate, application blank, or other matter  incorporated by  reference in any such policy so filed that it (i) violates any provision of  this Code, (ii) contains inconsistent, ambiguous, or misleading clauses, or  (iii) contains exceptions and conditions that will unreasonably or deceptively  affect the risks that are purported to be assumed by the policy, he  shall order the company or companies issuing these forms to discontinue  their use.  Nothing in this subsection shall require a company  transacting the kind or kinds of business enumerated in Classes 2  (except Class 2 (a)) and 3 of Section 4 to obtain approval of these forms  before they are issued nor in any way affect the legality of any  policy that has been issued and found to be in conflict with this  subsection, but such policies shall be subject to the provisions of  Section 442.(3) This Section shall not apply (i) to surety contracts or fidelity  bonds, (ii) to policies issued to an industrial insured as defined in Section  121-2.08 except for workers' compensation policies, nor (iii) to riders  or  endorsements prepared to meet special, unusual,  peculiar, or extraordinary conditions applying to an individual risk.  (Source: P.A. 97-486, eff. 1-1-12; 98-226, eff. 1-1-14.)