reglab/housing_qa huggingface dataset:
215 ILCS 5/537.3
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.87-3)Sec. 537.3.     Access to insolvent company records.The liquidator of an insolvent company shall  permit access by the Fund or its authorized  representatives, and by any similar organization in another state or its  authorized representatives, to such of the  insolvent company's records which are necessary for the  Fund or such similar organization in carrying  out its functions under this Article or similar laws in other states  with regard to covered claims. In  addition, the liquidator shall provide the Fund or its representative, or  such similar organization, with  copies of such records upon the request  and at the expense of  the Fund or such similar organization.    (Source: P.A. 85-576.)
215 ILCS 5/537.4
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.87-4)Sec. 537.4. Fund assumes obligations of insolvent companies. The Fund  shall be deemed the insolvent company to the extent  of the Fund's obligation for covered claims and to such extent  shall have all  rights, duties, and obligations of the insolvent company, subject to the  limitations provided in this Article, as if the company had not become  insolvent, with the  exception that the liquidator shall retain the sole right  to recover any reinsurance proceeds.  The Fund's rights under this Section include, but are not limited to, the  right to pursue and retain salvage and subrogation recoveries on paid covered  claim obligations to the extent paid by the Fund. The extent of the Fund's subrogation rights and any other rights of reimbursement with respect to its covered claims payments shall not be limited as if the Fund were the insolvent company, but shall be determined independently by taking into account the Fund's rights under Section 546 of this Article.   (Source: P.A. 99-387, eff. 8-17-15.)
215 ILCS 5/537.6
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.87-6)Sec. 537.6. Allocation of claims; assessments. The Fund shall allocate  covered claims paid and expenses  incurred between the accounts established by Section 535 separately, and  assess member companies separately for each  account amounts necessary to pay the obligations of the Fund under  Section 537.2 subsequent to the entry of an Order of Liquidation against  an insolvent company, the expenses of handling  covered claims subsequent to such Order of Liquidation and other expenses  authorized by this  Article. The assessments of each member company shall be in the proportion that  the net direct written premiums of the member company for the calendar  year immediately preceding the year in which the assessment is levied on  the kinds of insurance in the account bears to the net direct written  premiums of all member companies for such preceding calendar year on the  kinds of insurance in the account.  Each member company shall be notified  of the assessment not later than 30 days before it is due. Before January 1,  2002, no member  company may be assessed in any year on any account an amount greater  than 1% of that member company's net direct written premiums  on the kinds of insurance in the account for the calendar  year preceding the assessment.  Beginning January 1, 2002, the amount a  member company may be assessed in any year on any account shall be a maximum of  2% of that member company's net direct written premium on the kinds of  insurance in the account for the calendar year preceding the assessment.  This  2% maximum shall apply regardless of the date of any insolvency that gives rise  to the need for the assessment.  If the  maximum assessment, together with the other assets of the Fund in any  account, does not provide, in any one year, in any account, an amount  sufficient to make all necessary payments from that account, the funds  available shall be paid in the manner determined by the Fund and  approved by the Director and the unpaid portion shall be paid as  soon thereafter as funds become available. If requested by a member  company, the Director may exempt or defer the assessment of any member  company, if the assessment would cause the member company's financial  impairment.In addition to the other assessment authority provided in this Section, the board of directors shall also have the assessment authority to pay off a loan as provided in Section 538.3.  If a loan is projected to be outstanding for 3 years or more, then the board of directors shall have the authority to increase the assessment to 3% of the net direct written premiums for the previous year until the loan has been paid in full. (Source: P.A. 101-60, eff. 7-12-19.)
215 ILCS 5/537.7
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.87-7)Sec. 537.7. Investigation of claims; disposition.(a) The Fund shall investigate claims brought against the  Fund and adjust, compromise, settle, and pay covered claims to the extent of  the Fund's  obligation and deny all other claims.(b) The Fund shall not be bound by a settlement, release, compromise,  waiver, or final judgment executed or entered within 12 months prior to an  order of liquidation and shall have the right to assert all defenses available  to the Fund including, but not limited to, defenses applicable to determining  and enforcing its statutory rights and obligations to any claim.  The Fund  shall be bound by a settlement, release, compromise, waiver, or final judgment  executed or entered more than 12 months prior to an order of liquidation,  but only   if the  claim is a covered claim and the settlement, release, compromise, waiver, or final judgment was not a result of  fraud, collusion, default, or failure to defend.  In addition, with respect to  covered  claims arising from a judgment under a decision, verdict, or finding based on  the default of the insolvent insurer or its failure to defend, upon application  by the Fund, either on its own behalf or on behalf of an insured, the court  shall set aside the judgment, order, decision, verdict,  or finding, and the Fund shall be permitted to defend against the claim on the  merits. The same criteria determining whether the Fund will be bound, as specified in this subsection (b), shall apply to any settlement, release, compromise, waiver, or final judgment entered into by a high net worth insured before the date on which claims by or against that insured became non-exempt for reasons specified in paragraph (iv) of subsection (b) of Section 534.3.(c) The Fund shall have the right to appoint or  approve and to direct legal counsel  retained under liability insurance policies for the defense  of covered claims.  (Source: P.A. 101-60, eff. 7-12-19.)
215 ILCS 5/537.9
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.87-9)Sec. 537.9.         The Fund shall handle claims through its employees or  through one or more companies or other persons employed as servicing facilities.    (Source: P.A. 85-576.)
215 ILCS 5/538
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.88)Sec. 538. Powers  of the Fund. The Fund shall have the powers enumerated in the Sections following this Section and preceding Section 539.  (Source: P.A. 102-396, eff. 8-16-21.)
215 ILCS 5/538.1
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.88-1)Sec. 538.1.         The Fund may appear in, defend and appeal any action on a claim brought  against it on a covered claim.    (Source: P.A. 77-305.)
215 ILCS 5/538.2
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.88-2)Sec. 538.2.         The Fund may employ or retain such persons as are necessary to handle  claims and perform other duties of the Fund.    (Source: P.A. 77-305.)
215 ILCS 5/538.3
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.88-3)Sec. 538.3.   The Fund may borrow an amount of money necessary to effect the purposes  of this Article in accord with the plan of operation. The board of directors shall have the authority to pledge all or an appropriate portion of future assessments as necessary to secure a loan that may be needed to pay covered claims.  Until all loans secured by assessments are fully satisfied, the board of directors shall assess the maximum allowable under Section 537.6.   (Source: P.A. 101-60, eff. 7-12-19.)
215 ILCS 5/538.4
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.88-4)Sec. 538.4. Legal actions by Fund. The Fund may sue or be sued, including, but not limited to, taking any legal actions necessary  or proper for recovery of: (i) any unpaid assessments under Section 537.1 or 537.6; (ii) any amounts due to the Fund for salvage and subrogation under Section 537.4 or from insurers described in subsection (a) of Section 546; or (iii) any amounts due from an insured pursuant to subsections (a) and (d) of Section 545.  The Fund's power to sue includes, but is not limited to, the  power and right to  intervene as a party before any court that has jurisdiction over an insolvent  insurer when the Fund is a creditor or potential creditor of the insolvent  insurer.  (Source: P.A. 101-60, eff. 7-12-19.)
215 ILCS 5/538.5
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.88-5)Sec. 538.5.         The Fund may negotiate and become a party to such contracts as are  necessary to carry out the purposes of this Article.    (Source: P.A. 82-210.)
215 ILCS 5/538.7
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.88-7)Sec. 538.7.   (a) The Fund may perform such other acts as are necessary or proper to  effectuate the purposes of this Article.(b)   The Fund may contract with the Office of Special Deputy Receiver or any other person or organizations authorized by law to carry out the duties of the Director in her or his capacity as a receiver under Article XIII of this Code.  The power of the Fund to contract with these persons or entities includes, but is not limited to, providing consulting services and claims administration services that assist with these persons or entities in the performance of their respective statutory and legal functions provided by law.  The Fund may only exercise the authority to contract pursuant to this subsection upon the board of director's written determination that the provisioning of such services will advance the purposes set forth in Section 532. Any contract the Fund may enter into to provide services pursuant to this subsection shall be subordinate and subject to the Fund's statutory obligations to timely pay covered claims and avoid financial loss to claimants or policyholders described in this Article.This subsection (b) is inoperative 5 years after the effective date of this amendatory Act of the 102nd General Assembly. (Source: P.A. 102-396, eff. 8-16-21.)
215 ILCS 5/538.8
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.88-8)Sec. 538.8.         (a) If, at any time, the board of directors finds  that the assets of the Fund in any account exceed the liabilities and  expected costs and expenses of that account, the Fund may refund that amount of assets  of the account which exceed such liabilities, expenses and costs to the  member companies in such a manner as is determined by the board of  directors.(b) If, at any time, the Fund receives monies as reimbursement from  the estate of an insolvent company, the Fund shall distribute those monies  in accordance with the procedures established in the plan of operation.    (Source: P.A. 85-576.)
215 ILCS 5/538.9
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

Sec. 538.9. Action regarding insolvent company records.(a) In this Section, "claims information" includes files, records, and electronic data.(b) The Fund may bring an action against any third-party administrator, agent, attorney, or other representative of the insolvent insurer to obtain custody and control of all claims information related to an insolvent company that are appropriate or necessary for the Fund or a similar association in other states to carry out its duties under this Article. In such an action, the Fund shall have the absolute right through emergency equitable relief to obtain custody and control of such claims information in possession of such third-party administrator, agent, attorney or other representative of the insolvent insurer, regardless of where that claims information may be physically located. In bringing an action under this Section, the Fund shall not be subject to any defense, lien (possessory or otherwise), or other legal or equitable ground whatsoever for refusal to surrender such claims information that might be asserted against the liquidator of the insolvent insurers. To the extent that litigation is required for the Fund to obtain custody and control of the claims information requested and it results in the relinquishment of claims information to the Fund after refusal to provide that information in response to a written demand, the court shall award the Fund its costs, expenses, and reasonable attorney's fees incurred in bringing the action. This Section shall have the same effect on the rights and remedies that the custodian of such claims information may have against the insolvent insurers, so long as these rights and remedies do not conflict with the rights of the Fund to custody and control of the claims information under this Article.   (Source: P.A. 101-60, eff. 7-12-19.)
215 ILCS 5/539
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.89)Sec. 539.     Plan of operation.     (a) The Fund shall submit to the Director  a plan of operation and any  amendments thereto necessary or suitable to assure the fair, reasonable,  and equitable administration of the Fund. The plan of operation and any  amendments thereto shall become effective upon approval in writing by the  Director.(b) If the Fund fails to submit a suitable plan of operation within 90  days following the effective date of this Article or if at any time  thereafter the Fund fails to submit suitable amendments to the plan of operation, the  Director shall, after notice and hearing pursuant to Sections 401, 402 and  403 of this Code, adopt and promulgate  such reasonable  rules as are necessary or advisable to effectuate the provisions of this  Article. Such rules shall continue in force until modified by the Director  or superseded by a plan of operation submitted by the Fund and approved  by the Director.(c) All member companies must comply with the plan of operation.    (Source: P.A. 82-210.)
215 ILCS 5/540
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.90)Sec. 540.             The plan of operation shall do the following as enumerated in Sections  540.1 through 540.9.    (Source: P.A. 77-305.)
215 ILCS 5/540.1
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.90-1)Sec. 540.1.         The plan of operation shall establish the procedures whereby all the  powers and duties of the Fund under Sections 537.1 through 537.9 will be  performed.    (Source: P.A. 82-210.)
215 ILCS 5/540.2
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.90-2)Sec. 540.2.         The plan of operation shall establish procedures for handling  assets of the Fund.    (Source: P.A. 77-305.)
215 ILCS 5/540.3
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.90-3)Sec. 540.3.         The plan of operation shall establish the amount and method of  reimbursing members of the board of directors under subsection (c) of Section 536.    (Source: P.A. 82-210.)
215 ILCS 5/540.5
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.90-5)Sec. 540.5.         (a) A covered claim, for other than unearned premium, is a claim  which appears on the books and records of the insolvent company as of the  date of the Order of Liquidation or a claim for which notice is given  in writing to the liquidator of the insolvent company's domiciliary state  or to an ancillary receiver in this State, if any, or to the Fund or its  agents prior to the earlier of the last date fixed for the timely  filing of proofs of claim  in the domiciliary liquidation proceedings or 18 months after the entry  of the order of liquidation.  The liquidator or ancillary  receiver in this State, if any, shall periodically submit a list of claims  to the Fund or similar organization in another state.(b) The Fund shall establish procedures by which  unearned premium claims are to be determined and paid as covered claims.    (Source: P.A. 85-576.)
215 ILCS 5/540.6
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.90-6)Sec. 540.6.         The plan of operation shall provide that any member company aggrieved by  any final action or decision of the Fund may appeal to the Director within  30 days after the action or decision.    (Source: P.A. 77-305.)
215 ILCS 5/540.7
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.90-7)Sec. 540.7.         The plan of operation shall establish the procedures whereby selections  for the board of directors will be submitted to the Director.    (Source: P.A. 77-305.)
215 ILCS 5/540.8
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.90-8)Sec. 540.8.         The plan of operation shall establish the procedures for  disposition of monies reimbursed from the estate of the insolvent company.    (Source: P.A. 85-576.)
215 ILCS 5/540.9
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.90-9)Sec. 540.9.             The plan of operation may contain additional provisions necessary or  proper for the execution of the powers, duties and obligations of the Fund.    (Source: P.A. 77-305.)
215 ILCS 5/541
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.91)Sec. 541.         The plan of operation may provide that any or all powers and duties  of the Fund, except those under Sections 537.6 and 538.3 may be  delegated to a corporation, association, or other organization which  performs or will perform functions similar to those of this Fund, or its  equivalent, in 2 or more states.  A delegation under this Section shall take effect only with  the approval of both the board of directors and the Director, and may be  made only to a corporation, association, or organization which extends  protection not substantially less favorable and effective than that  provided by this Article.    (Source: P.A. 80-827.)
215 ILCS 5/543
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.93)Sec. 543.         Duties  and obligations of the Director.The Director shall have the duties and obligations enumerated in  Sections 543.1 through 543.3.    (Source: P.A. 77-305.)
215 ILCS 5/543.1
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.93-1)Sec. 543.1.         The Director shall serve a copy of the complaint seeking an  Order of Liquidation with a finding of insolvency against a domestic member  company on the Fund at the same time that such complaint is filed with the circuit court  or shall forward to the Fund notice of the filing of such a complaint  against a foreign or alien member company promptly upon receipt thereof.  The Director also shall serve on the Fund a copy of an Order of  Liquidation with a finding of insolvency against a domestic member company  immediately after it is entered by the circuit court or shall forward to  the Fund a copy of such order against a foreign or alien member company  promptly upon receipt thereof.    (Source: P.A. 85-576.)
215 ILCS 5/543.2
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.93-2)Sec. 543.2.         The Director shall, upon request of the board of directors, provide the  Fund with a statement of the net direct written premiums of each member  company for the preceding calendar year for which annual statements have  been filed with the Director.    (Source: P.A. 77-305.)
215 ILCS 5/543.3
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXXIV - Illinois Insurance Guaranty Fund

 (from Ch. 73, par. 1065.93-3)Sec. 543.3.         The liquidator of an insolvent company shall notify the  policyholders of the insolvent company who are residents  of this State of the entry of an Order of Liquidation against the company  and of their rights under this  Article. Such notification shall be mailed to the last known  address of such policyholders,  where available, but if sufficient information for notification by mail is  not available, notice by publication in a newspaper of general circulation  shall be sufficient.  If the insolvent company is domiciled in another  state and the liquidator fails to give notice which satisfies the purposes  of this Section, such notice shall be given by the Director as ancillary  receiver or if the insolvent company is domiciled in another state and there  is no ancillary receiver in this State, the Fund shall give such notice  provided the necessary information is made available to the Fund by the liquidator.  The form of the notice given by the Director as either liquidator or ancillary  receiver shall be submitted to the Fund for its approval prior to mailing  or publication.    (Source: P.A. 85-576.)