2023 Illinois Compiled Statutes › Chapter 215 - INSURANCE › 215 ILCS 5/ - Illinois Insurance Code. › Article XXVIII - Final Provisions

(215 ILCS 5/Art. XXVIII heading)
ARTICLE XXVIII.  
		FINAL PROVISIONS
(215 ILCS 5/441) (from Ch. 73, par. 1053)
Sec. 441. 
		
		General
corporate powers.
(1) In order to carry out the purpose for which it is organized, each
company under the laws of the State and subject to the provisions of this
Code shall have
(a) perpetual succession by its corporate name unless a limited period
of duration is stated in its articles of incorporation;
(b) power in its corporate name to sue and be sued, to contract and be
contracted with, to own, hold, sell, convey, mortgage, pledge, lease and
otherwise dispose of real and personal property;
(c) power to adopt by-laws not in conflict with the provisions of this
Code, and to adopt and use a seal and to alter the same at pleasure;
(d) power to make donations in reasonable amounts for the public welfare
or for charitable, scientific, religious or educational purposes;
(e) such other powers as shall be needful to accomplish the purposes of
its organization.
(2) Such power shall be exercised subject to the provisions and
restrictions of this Code and other laws of this State.
(3) No conveyance or transfer by or to any company of property, real or
personal, of any kind or description, shall be invalid or fail because in
making such conveyance or transfer or in acquiring such property, real or
personal, the company, its board of directors, trustees or other governing
body, or any of its officers, acting within the scope of the actual or
apparent authority given to them by its board of directors, trustees or
other governing body, have in so doing exceeded any of the purposes or
powers of the company.
(Source: Laws 1959, p. 151.)
(215 ILCS 5/442) (from Ch. 73, par. 1054)
Sec. 442. 
		Validation of illegally issued policies.
Any contract or policy of insurance or any application, endorsement or
rider form used in connection therewith issued in violation of any section
of this Code requiring certain provisions to be inserted therein or the
inclusion of provisions prohibited, or issued without submitting same for
approval by the Director in accordance with section 143, shall
nevertheless be held valid but shall be construed in accordance with the
requirements of the section that the said policy, application, endorsement
or rider violates, and when any provision in such contract, application,
endorsement or rider is in conflict with any provision of this Code, the
rights, and obligations of the company thereunder shall not be less
favorable to the holder of the contract and the beneficiary or annuitant
thereunder than is required by the provisions of this Code applicable
thereto.
(Source: Laws 1937, p. 696.)
(215 ILCS 5/443) (from Ch. 73, par. 1055)
Sec. 443. 
		Reciprocity.
The policies of a company, not organized under the laws of this State,
may contain any provision which the law of the state or country under which
the company is organized prescribes shall be in such policies when issued
in this State, and the policies of such insurance company organized under
the laws of this State may, when issued or delivered in any other state or
country, contain any provisions required by the laws of the state or
country in which the same are issued, anything in this Code to the contrary
notwithstanding.
(Source: Laws 1937, p. 696.)
(215 ILCS 5/444) (from Ch. 73, par. 1056)
Sec. 444. Retaliation.
(1) Whenever the existing or future laws of any other state or country
shall
require of companies incorporated or organized under the laws of this State
as a condition precedent to their doing business in such other state or
country, compliance with laws, rules, regulations, and prohibitions more
onerous or burdensome than the rules and regulations imposed by this State
on foreign or alien companies, or shall require any deposit of securities
or other obligations in such state or country, for the protection of
policyholders or otherwise or require of such companies or agents thereof
or brokers the payment of penalties, fees, charges, or taxes greater than
the penalties, fees, charges, or taxes required in the aggregate for like
purposes by this Code or any other law of this State, of foreign or alien
companies, agents thereof or brokers, then such laws, rules, regulations,
and prohibitions of said other state or country shall apply to companies
incorporated or organized under the laws of such state or country doing
business in this State, and all such companies, agents thereof, or brokers
doing business in this State, shall be required to make deposits, pay
penalties, fees, charges, and taxes, in amounts equal to those required in
the aggregate for like purposes of Illinois companies doing business in
such state or country, agents thereof or brokers. Whenever any other state
or country shall refuse to permit any insurance company incorporated or
organized under the laws of this State to transact business according to
its usual plan in such other state or country, the director may, if
satisfied that such company of this State is solvent, properly managed, and
can operate legally under the laws of such other state or country,
forthwith suspend or cancel the license of every insurance company doing
business in this State which is incorporated or organized under the laws of
such other state or country to the extent that it insures in this State
against any of the risks or hazards which are sought to be insured against
by the company of this State in such other state or country.
(2) The provisions of this Section shall not apply to residual market
or special purpose assessments or guaranty fund or guaranty association
assessments, both under the laws of this State and under the laws of any other
state
or country, and any tax offset or credit for any such assessment shall, for
purposes of this Section, be treated as a tax paid both under the laws of this
State and under the laws of any other state or country.
(3) The terms "penalties", "fees", "charges", and "taxes" in subsection
(1) of this
Section
shall include: the penalties, fees, charges, and taxes collected on a cash basis under State
law
and
referenced within Article XXV exclusive of any items referenced by
subsection
(2) of this Section, but including any tax offset allowed under Section 531.13
of this Code; the aggregate Illinois corporate income taxes paid under Sections 601 and 803
 of the Illinois Income Tax Act during the calendar year for which the retaliatory tax calculation is being made, less the recapture of any Illinois corporate income tax cash refunds to the extent that the amount of tax refunded was reported as part of the Illinois basis in the calculation of the retaliatory tax for a prior tax year, provided that such recaptured refund shall not exceed the amount necessary for equivalence of the Illinois basis with the state of incorporation basis in such tax year, and after
any tax offset allowed under Section 531.13 of this Code;
income or personal property taxes imposed by other states or countries;
penalties, fees, charges, and taxes of other states
or countries imposed for purposes like those of the penalties, fees, charges,
and taxes
specified in Article XXV of this Code exclusive of any item referenced in
subsection (2) of this Section; and any penalties, fees, charges, and taxes
required as
a
franchise, privilege, or licensing tax for
conducting the business of insurance whether calculated as a percentage of
income, gross receipts, premium, or otherwise.
(4) Nothing contained in this Section or Section 409 or Section 444.1 is
intended to authorize or expand any power of local governmental units or
municipalities to impose taxes, fees, or charges.
(5) This Section is subject to the provisions of Section 10 of the New Markets Development Program Act.
(Source: P.A. 98-1169, eff. 1-9-15.)
(215 ILCS 5/444.1) (from Ch. 73, par. 1056.1)
Sec. 444.1. Payment of retaliatory taxes.
(1) Every foreign or alien
company doing insurance business in this State shall pay the Director the
retaliatory tax determined in accordance with Section 444.
(2) (a) All companies subject to the provisions of this Section shall
make an
annual return for the preceding calendar year on or before March 15 setting
forth such information on such forms as the Director may reasonably require.
Payments of quarterly installments of the taxpayer's total estimated
retaliatory tax for the current calendar year shall be due on or before April
15, June 15, September 15, and December 15 of such year, except that all
companies
transacting insurance business in this State whose annual tax for the
immediately
preceding calendar year was less than $5,000 shall make only an annual
return.  Failure of a company to make the annual payment, or to make the
quarterly payments, if required, of at least one-fourth of either (i) the total
tax paid during the previous calendar year or (ii) 80% of the actual tax for
the current calendar year shall subject it to the penalty provisions set forth
in Section 412 of this Code.
(b) Notwithstanding the foregoing provisions of paragraph (a) of this
subsection, the retaliatory tax liability of companies under Section 444 of
this Code for the calendar year ended December 31, 1997 shall be
determined in accordance with this amendatory Act of 1998 and shall include in
the aggregate comparative tax burden for the State of Illinois, any tax offset
allowed under Section 531.13 of this Code and any income
taxes paid for the year 1997 under subsections (a) through (d) of Section 201
of the Illinois Income Tax Act after any tax offset allowed under Section
531.13 of this Code.
(i) Any annual retaliatory tax returns and payments     made for the year ended December 31, 1997 and any quarterly installments of the taxpayer's total estimated 1998 retaliatory tax liability paid prior to the effective date of this Amendatory Act of 1998 that do not include the items specified by subsection (1) of this Section shall be amended and restated, at the taxpayer's election, on forms prepared by the Director so as to provide for the inclusion of such items. An amended and restated return for the year ended December 31, 1997 filed under this subparagraph shall treat any payment of estimated privilege taxes under Section 409 as in effect prior to October 23, 1997 as a payment of estimated retaliatory taxes for the year ended December 31, 1997.
(ii) Any overpayment resulting from such amended     return and restated tax liability shall be allowed as a credit against any subsequent privilege or retaliatory tax obligations of the taxpayer.
(iii) In the year 1999 and thereafter all companies     shall make annual and quarterly installments of their estimated tax as provided by paragraph (a) of this subsection.
(3) Any tax payment made under this Section and any tax returns prepared
in compliance with Section 410 shall give full consideration to the impact
of any future reduction in or elimination of a taxpayer's liability under
Section 409, whether such reduction or elimination is due to an operation
of law or an Act of the General Assembly.
(4) Any foreign or alien taxpayer who makes, under protest, a tax payment
required by Section 409 shall, at the time of payment, file a retaliatory
tax return sufficient to disclose the full amount of retaliatory taxes which
would be due and owing for the tax period in question if the protest were
upheld.  Notwithstanding the provisions of the State Officers and Employees
Money Disposition Act or any other laws of this State, the protested
payment, to the extent of the retaliatory tax so disclosed, shall be deposited
directly in the General Revenue Fund; and the balance of the payment, if
any, shall be deposited in a protest account pursuant to the provisions
of the aforesaid Act, as now or hereafter amended.
(5) The failure of a company to make the annual payment or to make the
quarterly payments, if required,
of at least one-fourth of either (i) the total tax paid
during the preceding
calendar year or (ii) 80% of the actual tax for the current calendar
year shall subject it to the penalty provisions set forth in Section
412 of this Code.
(6) This Section is subject to the provisions of Section 10 of the New Markets Development Program Act.
(Source: P.A. 95-1024, eff. 12-31-08.)
(215 ILCS 5/445) (from Ch. 73, par. 1057)
Sec. 445. Surplus line.
(1) Definitions. For the purposes of this Section:
"Affiliate" means, with respect to an insured, any entity that controls, is controlled by, or is under common control with the insured. For the purpose of this definition, an entity has control over another entity if:
(A) the entity directly or indirectly or acting     through one or more other persons owns, controls, or has the power to vote 25% or more of any class of voting securities of the other entity; or
(B) the entity controls in any manner the election of     a majority of the directors or trustees of the other entity.
"Affiliated group" means any group of entities that are all affiliated.
"Authorized insurer" means an insurer that holds a certificate of
authority
issued by the Director but, for the purposes of this Section, does not
include a
domestic surplus line insurer as defined in Section 445a or any
residual market
mechanism.
"Exempt commercial purchaser" means any person purchasing commercial insurance that, at the time of placement, meets the following requirements:
(A) The person employs or retains a qualified risk     manager to negotiate insurance coverage.
(B) The person has paid aggregate nationwide     commercial property and casualty insurance premiums in excess of $100,000 in the immediately preceding 12 months.
(C) The person meets at least one of the following     criteria:
(I) The person possesses a net worth in excess of         $20,000,000, as such amount is adjusted pursuant to the provision in this definition concerning percentage change.
(II) The person generates annual revenues in         excess of $50,000,000, as such amount is adjusted pursuant to the provision in this definition concerning percentage change.
(III) The person employs more than 500 full-time         or full-time equivalent employees per individual insured or is a member of an affiliated group employing more than 1,000 employees in the aggregate.
(IV) The person is a not-for-profit organization         or public entity generating annual budgeted expenditures of at least $30,000,000, as such amount is adjusted pursuant to the provision in this definition concerning percentage change.
(V) The person is a municipality with a         population in excess of 50,000 persons.
Effective on January 1, 2015 and each fifth January 1 occurring thereafter, the amounts in subitems (I), (II), and (IV) of item (C) of this definition shall be adjusted to reflect the percentage change for such 5-year period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
"Home state" means the following:
(A)  With respect to an insured, except as provided     in item (B) of this definition:
(I) the state in which an insured maintains its         principal place of business or, in the case of an individual, the individual's principal residence; or
(II) if 100% of the insured risk is located out         of the state referred to in subitem (I), the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated.
(B) If more than one insured from an affiliated group     are named insureds on a single surplus line insurance contract, then "home state" means the home state, as determined pursuant to item (A) of this definition, of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract.
If more than one insured from a group that is not     affiliated are named insureds on a single surplus line insurance contract, then:
(I) if individual group members pay 100% of the         premium for the insurance from their own funds, "home state" means the home state, as determined pursuant to item (A) of this definition, of each individual group member; each individual group member's coverage under the surplus line insurance contract shall be treated as a separate surplus line contract for the purposes of this Section;
(II) otherwise, "home state" means the home         state, as determined pursuant to item (A) of this definition, of the group.
Nothing in this definition shall be construed to alter the terms of the surplus line insurance contract.
"Master policy" means a surplus line insurance contract with a single set of general contractual terms that are designed to apply on a group basis to multiple insureds who may or may not be affiliated and who may be added to or removed from the contract throughout the course of the contract period. A master policy may include certain provisions that vary for each insured depending on the insured's characteristics and the coverage sought.
"Multi-State risk" means a risk with insured exposures in more than one State.
"NAIC" means the National Association of Insurance Commissioners or any successor entity.
"Personal lines insurance" means insurance as defined in subsection (a), (b), or (c) of Section 143.13 of this Code.
"Premium" means any amount designated as premium on the declarations page or elsewhere in a policy and on any endorsement, but does not include taxes, the Surplus Line Association of Illinois recording fee, or any other fee.
"Program business" means a clearly defined group of insurance contracts procured by a licensed surplus line producer from an unauthorized insurer, under a single agreement between the producer and insurer, for insureds with the same or similar characteristics and containing the same or similar contract terms.
"Qualified risk manager" means, with respect to a policyholder of commercial insurance, a person who meets all of the following requirements:
(A) The person is an employee of, or third-party     consultant retained by, the commercial policyholder.
(B) The person provides skilled services in loss     prevention, loss reduction, or risk and insurance coverage analysis, and purchase of insurance.
(C) With regard to the person:
(I) the person has:
(a) a bachelor's degree or higher from an             accredited college or university in risk management, business administration, finance, economics, or any other field determined by the Director or his designee to demonstrate minimum competence in risk management; and
(b) the following:
(i) three years of experience in risk                 financing, claims administration, loss prevention, risk and insurance analysis, or purchasing commercial lines of insurance; or
(ii) alternatively has:
(AA) a designation as a Chartered                     Property and Casualty Underwriter (in this subparagraph (ii) referred to as "CPCU") issued by the American Institute for CPCU/Insurance Institute of America;
(BB) a designation as an Associate in                     Risk Management (ARM) issued by the American Institute for CPCU/Insurance Institute of America;
(CC) a designation as Certified Risk                     Manager (CRM) issued by the National Alliance for Insurance Education & Research;
(DD) a designation as a RIMS Fellow                     (RF) issued by the Global Risk Management Institute; or
(EE) any other designation,                     certification, or license determined by the Director or his designee to demonstrate minimum competency in risk management;
(II) the person has:
(a) at least 7 years of experience in risk             financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; and
(b) has any one of the designations specified             in subparagraph (ii) of paragraph (b);
(III) the person has at least 10 years of         experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; or
(IV) the person has a graduate degree from an         accredited college or university in risk management, business administration, finance, economics, or any other field determined by the Director or his or her designee to demonstrate minimum competence in risk management.
"Residual market mechanism" means an association, organization, or other
entity described in Article XXXIII of this Code or Section 7-501 of the
Illinois Vehicle Code or any similar association, organization, or other
entity.
"State" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.
"Surplus line insurance" means insurance on a risk:
(A) of the kinds specified in Classes 2 and 3 of     Section 4 of this Code; and
(B) that is procured from an unauthorized insurer     after the insurance producer representing the insured or the surplus line producer is unable, after diligent effort, to procure the insurance from authorized insurers; and
(C) where Illinois is the home state of the insured,     for policies effective, renewed or extended on July 21, 2011 or later and for multiyear policies upon the policy anniversary that falls on or after July 21, 2011; and
(D) that is located in Illinois, for policies     effective prior to July 21, 2011.
"Taxable premium" means a premium for any risk that is located in or attributed to any state.
"Unauthorized insurer" means an insurer that does not hold a valid
certificate of authority issued by the Director but, for the purposes of this
Section, shall also include a domestic surplus line insurer as defined in
Section 445a.
(1.5) Procuring surplus line insurance; surplus line insurer requirements.
(a) License required. Insurance producers may procure     surplus line insurance only if licensed as a surplus line producer under this Section.
(b) Domestic and foreign insurer eligibility.     Licensed surplus line producers may procure surplus line insurance from an unauthorized insurer domiciled in any state only if the insurer:
(i)  is permitted in its domiciliary jurisdiction         to write the type of insurance involved; and
(ii) has, based upon information available to the         surplus line producer,  a policyholders surplus of not less than $15,000,000 determined in accordance with the laws of its domiciliary jurisdiction; and
(iii) has standards of solvency and management         that are adequate for the protection of policyholders.
Where an unauthorized insurer does not meet the     standards set forth in (ii) and (iii) above, a surplus line producer may, if necessary, procure insurance from that insurer only if prior written warning of such fact or condition is given to the insured by the insurance producer or surplus line producer.
(c) Alien insurer eligibility. Licensed surplus line     producers may procure surplus line insurance from an unauthorized insurer not domiciled in any state only if the insurer meets the standards for unauthorized insurers domiciled in any state in paragraph (b) of this subsection (1.5) or is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the NAIC at the time of procurement. The Director shall make the Quarterly Listing of Alien Insurers available to surplus line producers without charge.
(d) Prohibited transactions. Insurance producers     shall not procure from an unauthorized insurer an insurance policy:
(i) that is designed to satisfy the proof of         financial responsibility and insurance requirements in any Illinois law where the law requires that the proof of insurance is issued by an authorized insurer or residual market mechanism;
(ii) that covers the risk of accidental injury to         employees arising out of and in the course of employment according to the provisions of the Workers' Compensation Act; or
(iii) that insures any Illinois personal lines         risk that is eligible for residual market mechanism coverage, unless the insured or prospective insured requests limits of liability greater than the limits provided by the residual market mechanism.  In the course of making a diligent effort to procure insurance from authorized insurers, an insurance producer shall not be required to submit a risk to a residual market mechanism when the risk is not eligible for coverage or exceeds the limits available in the residual market mechanism.
Where there is an insurance policy issued by an     authorized insurer or residual market mechanism insuring a risk described in item (i), (ii), or (iii) above, nothing in this paragraph shall be construed to prohibit a surplus line producer from procuring from an unauthorized insurer a policy insuring the risk on an excess or umbrella basis where the excess or umbrella policy is written over one or more underlying policies.
(e) Exempt commercial purchaser diligent effort.     Licensed surplus line producers may procure surplus line insurance from an unauthorized insurer for an exempt commercial purchaser without making the required diligent effort to procure the insurance from authorized insurers if:
(i) the producer has disclosed to the exempt         commercial purchaser that such insurance may or may not be available from authorized insurers that may provide greater protection with more regulatory oversight; and
(ii) the exempt commercial purchaser has         subsequently in writing requested the producer to procure such insurance from an unauthorized insurer.
(f)   Commercial wholesale transaction diligent     effort. A licensed surplus line producer may procure a surplus line insurance contract,  other than a personal lines insurance contract, from an unauthorized insurer without making the required diligent effort to procure the insurance from authorized insurers if the risk was referred to the surplus line producer by an Illinois-licensed insurance producer who is not affiliated with the surplus line producer.
(g)   Master policy diligent effort. For a master     policy insurance contract, a licensed surplus line producer may make the required diligent effort to procure the insurance from authorized insurers annually for the master policy rather than individually for each insured that is added during the policy period. The diligent effort shall include all variable provisions of the master policy.
(h)   Program business diligent effort. For program     business, a licensed surplus line producer may make the required diligent effort to procure the insurance from authorized insurers annually for the program rather than individually for each contract. The diligent effort shall include all variable provisions of the master policy.
(2) Surplus line producer; license.  Any licensed producer who is a
resident of this State, or any nonresident who qualifies under Section
500-40, may be licensed as a surplus line producer upon payment of an annual license fee of $400.
A surplus line producer so licensed shall keep a separate
account of
the business transacted thereunder for 7 years from the policy effective date which shall be open at all times to the
inspection of the Director or his representative.
No later than July 21, 2012, the State of Illinois shall participate in the national insurance producer database of the NAIC, or any other equivalent uniform national database, for the licensure of surplus line producers and the renewal of such licenses.
(3) Taxes and reports.
(a) Surplus line tax and penalty for late payment.     The surplus line tax rate for a surplus line insurance policy or contract is determined as follows:
(i) 3% for policies or contracts with an         effective date prior to July 1, 2003;
(ii) 3.5% for policies or contracts with an         effective date of July 1, 2003 or later.
A surplus line producer shall file with the Director     on or before February 1 and August 1 of each year a report in the form prescribed by the Director on all surplus line insurance procured from unauthorized insurers and submitted to the Surplus Line Association of Illinois during the preceding 6 month period ending December 31 or June 30 respectively, and on the filing of such report shall pay to the Director for the use and benefit of the State a sum equal to the surplus line tax rate multiplied by the gross taxable premiums less returned taxable premiums upon all surplus line insurance submitted to the Surplus Line Association of Illinois during the preceding 6 months.
Any surplus line producer who fails to pay the full     amount due under this subsection is liable, in addition to the amount due, for such late fee, penalty, and interest charges as are provided for under Section 412 of this Code.  The Director, through the Attorney General, may institute an action in the name of the People of the State of Illinois, in any court of competent jurisdiction, for the recovery of the amount of such taxes, late fees, interest, and penalties due, and prosecute the same to final judgment, and take such steps as are necessary to collect the same.
(b) Fire Marshal Tax. Each surplus line producer     shall file with the Director on or before February 1  of each year a report in the form prescribed by the Director on all fire insurance procured from unauthorized insurers and submitted to the Surplus Line Association of Illinois during the previous year that is subject to tax under Section 12 of the Fire Investigation Act and shall pay to the Director the fire marshal tax required thereunder.
(c) Taxes and fees charged to insured.  The taxes     imposed under this subsection and the recording fees charged by the Surplus Line Association of Illinois may be charged to and collected from surplus line insureds.
(4) (Blank).
(5) Submission of documents to Surplus Line Association of Illinois.
A surplus line producer shall submit every insurance contract and premium-bearing endorsement
issued
under his or her license to the Surplus Line Association of Illinois for
recording.  The submission and recording may be
effected through electronic means.  The submission shall set
forth:
(a) the name of the insured;
(b) the description and location of the insured     property or risk;
(c) (blank);
(d) the gross premiums charged or returned;
(e) the name of the unauthorized insurer from whom     coverage has been procured;
(f) the kind or kinds of insurance procured; and
(g) amount of premium subject to tax required by     Section 12 of the Fire Investigation Act.
Proposals, endorsements, and other documents which are
incidental to the insurance but which do not affect the premium
charged
are exempted from the submission and recording requirements.
The submission of insuring contracts
to the Surplus Line Association of
Illinois constitutes a certification by the surplus line producer or by the insurance producer who presented the risk to the surplus line producer for
placement as a surplus line risk that
after diligent effort, where required, the required insurance could not be procured from
authorized insurers and that
such procurement was otherwise in accordance with the surplus line law.
(6) Evidence of recording required.  It shall be unlawful for an insurance
producer to deliver any unauthorized insurer
contract or premium-bearing endorsement unless it contains evidence of recording by the Surplus Line Association of
Illinois.
(7) Inspection of records.  A surplus line producer shall
maintain
separate records of the business transacted under his or her license for 7 years from the policy effective date,
including complete copies of surplus line insurance contracts maintained on
paper or by electronic means, which
records shall be open at all times for inspection by the Director and by
the Surplus Line Association of Illinois.
(8) Violations and penalties.  The Director may suspend or revoke or
refuse to renew a surplus line producer license for any violation of this Code.
In addition to or in lieu of suspension or revocation, the Director may
subject a surplus line producer
to a civil penalty of up to $2,000 for each cause for suspension
or
revocation.  Such penalty is enforceable under subsection (5) of Section
403A of this Code.
Whenever it appears to the satisfaction of the Director that a surplus line producer has made a documented good faith determination of the home state for a surplus line insurance contract and has paid the surplus line taxes to a state other than Illinois, and the Director determines that the producer's good faith determination was incorrect and the home state is Illinois, the surplus line producer may, at the discretion of the Director, be required to submit the contract to the Surplus Line Association of Illinois and pay applicable taxes and recording fees, but there shall be no penalty, interest, or late fee assessed.
(9) Director may declare insurer ineligible.  If the
Director determines
that the further assumption of risks might be hazardous to the
policyholders of an unauthorized insurer, the Director may
order the
Surplus Line Association of
Illinois not to accept and record insurance contracts evidencing insurance in
such insurer and order surplus line producers to cease
procuring insurance
from such insurer.
(10) Service of process upon Director.  Insurance contracts
delivered under this Section from unauthorized insurers, other than domestic
surplus line insurers as defined in Section 445a,
shall contain a
provision designating the
Director and his successors in office the true and lawful attorney of the
insurer upon whom may be served all lawful process in any
action, suit or
proceeding arising out of such insurance.
Service of process made upon the Director to be valid hereunder must state
the name of the insured, the name of the unauthorized insurer
and identify
the contract of insurance.  The Director at his option is authorized to
forward a copy of the process to the Surplus Line Association of Illinois
for delivery to the unauthorized insurer or the Director may deliver the process to the
unauthorized insurer by other means which he considers to be
reasonably
prompt and certain.
(10.5) Required notice to policyholder. Insurance contracts delivered under this Section from unauthorized insurers, other than domestic surplus line insurers as defined in Section 445a, shall have stamped or imprinted on the first page thereof in not less than 12-pt. bold face type the following legend: "Notice to Policyholder: This contract is issued, pursuant to Section 445 of the Illinois Insurance Code, by a company not authorized and licensed to transact business in Illinois and as such is not covered by the Illinois Insurance Guaranty Fund." Insurance contracts delivered under this Section from domestic surplus line insurers as defined in Section 445a shall have stamped or imprinted on the first page thereof in not less than 12-pt. bold face type the following legend: "Notice to Policyholder: This contract is issued by a domestic surplus line insurer, as defined in Section 445a of the Illinois Insurance Code, pursuant to Section 445, and as such is not covered by the Illinois Insurance Guaranty Fund."
(11) Marine, aviation, and transportation. The Illinois Surplus Line law does not apply to insurance of
property and operations of railroads or aircraft engaged in interstate or
foreign commerce, insurance of vessels, crafts or hulls, cargoes, marine
builder's risks, marine protection and indemnity, or other risks including
strikes and war risks insured under ocean or wet marine forms of policies.
(12) Applicability of Illinois Insurance Code. Surplus line insurance procured under this Section, including
insurance procured from a domestic surplus line insurer, is not subject
to the provisions of the Illinois Insurance Code other than Sections 123,
123.1, 401, 401.1, 402, 403, 403A, 408, 412, 445, 445a, 445.1, 445.2, 445.3,
445.4, and all of the provisions of Article XXXI to the extent that the
provisions of Article XXXI are not inconsistent with the terms of this Act.
(Source: P.A. 102-224, eff. 1-1-22.)
(215 ILCS 5/445a)
Sec. 445a. Domestic surplus line insurer.
(a) A domestic insurer possessing
policyholder surplus of at least $15,000,000 may pursuant to a resolution by
its board of directors, and with the written approval of the Director, be
designated as a "domestic surplus line insurer".
(b) A domestic surplus line insurer may insure in this State an
Illinois risk only if procured from a surplus line producer pursuant to Section 445 of
this Code.
(c) A domestic surplus line insurer must agree not to issue a policy
designed to satisfy the financial responsibility requirements of the Illinois
Vehicle Code, the Workers' Compensation Act, or the Workers' Occupational
Diseases Act.  A domestic surplus line insurer is not subject to the provisions
of Articles XXXIII, XXXIII 1/2, XXXIV, XXXVIIIA, Section 468, or Section
478.1 of this Code.
(d) For the purposes of the federal Nonadmitted and Reinsurance Reform Act of 2010 (15 USC 8201 et seq.), a domestic surplus line insurer shall be considered a nonadmitted insurer, as the term is defined in the Act, with respect to risks insured in this State.
(Source: P.A. 97-955, eff. 8-14-12.)
(215 ILCS 5/445.1) (from Ch. 73, par. 1057.1)
Sec. 445.1. Surplus Line Association of Illinois. There is hereby created a
non-profit association to be known as the Surplus Line Association of
Illinois.  All surplus line producers shall be and must remain individual
members of the Association as a condition of their holding a license as a
surplus line producer in this State.  The Association must perform its
functions under the plan of operation established and approved under
Section 445.3 and must exercise its powers through a board of directors
established under Section 445.2 of this Code.  The Association shall be
supervised by the Director and is subject to the applicable provisions of
the Illinois Insurance Code.  The Association shall be authorized and have the
duty to:
(1) receive and record all surplus line insurance     contracts that surplus line producers are required to file with the Association under subsection (5) of Section 445;
(2) prepare monthly reports for the Director on     surplus line insurance procured by its members during the preceding month in such form and providing such information as the Director may prescribe;
(3) prepare and deliver to the Director and, at the     discretion of the Director, to each licensee the reports of surplus line business prescribed in subsection (3) of Section 445;
(4) assess its members for costs of operations in     accordance with a schedule adopted by the Board of Directors of the Association and approved by the Director;
(5) employ and retain such persons as are necessary     to carry out the duties of the Association;
(6) borrow money as necessary to effect the purposes     of the Association;
(7) enter contracts as necessary to effect the     purposes of the Association;
(8) perform such other acts as will facilitate and     encourage compliance by its members with the surplus line law of this State and rules promulgated thereunder; and
(9) provide such other services to its members as are     incidental or related to the purposes of the Association.
Nothing in this Act shall be
construed as giving the Association any discretionary authority to enforce
this Act or to withhold or decline acceptance and recording of insurance contracts that meet
the requirements of subsection (5) of Section 445.
(Source: P.A. 102-224, eff. 1-1-22.)
(215 ILCS 5/445.2) (from Ch. 73, par. 1057.2)
Sec. 445.2. 
		Board of Directors. 
		The Association shall function through
a Board of Directors elected by the Association members, and officers who
shall be elected by the Board of Directors.
The Board of Directors of the Association shall consist of not less than
5 nor more than 9 persons serving terms as established in the plan of
operation. The plan of operation shall provide for the election of a Board
of Directors by the members of the Association from its membership.  The
plan of operation shall fix the manner of voting and may weigh each
member's vote to reflect the annual surplus line insurance premium written
by the member.  Members employed by the same or affiliated employers may
consolidate their premiums written and delegate an individual officer or
partner to represent the member in the exercise of Association affairs,
including service on the Association Board of Directors.
The Director shall appoint an interim Board of Directors for the sole purpose
of conducting an election of Directors.  If no Board of Directors is elected
within 90 days after the effective date of this amendatory Act of 1984,
the Director shall appoint the initial members of the Board of Directors.
The Board of Directors shall elect such officers as may be provided in
the plan of operation.
(Source: P.A. 83-1300.)
(215 ILCS 5/445.3) (from Ch. 73, par. 1057.3)
Sec. 445.3. 
		Plan of Operation. 
		(1) The Association shall submit to
the Director a plan of operation and any amendments thereto to provide
operating procedures for the
administration of the Association.  The plan of operation and any amendments
thereto shall become effective upon approval in writing by the Director.
(2) If the Association fails to submit a suitable plan of operation within
180 days following the effective date of this amendatory Act of 1984, or
if at any time thereafter the Association fails to submit required 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 rules
as are necessary or advisable to effectuate the provisions of this Act.
Such rules shall
continue in force until modified by the Director or superseded by a plan
of operation submitted by the Association and approved by the Director.
(3) All Association members must comply with the plan of operation.
(Source: P.A. 83-1300.)
(215 ILCS 5/445.4) (from Ch. 73, par. 1057.4)
Sec. 445.4. Examination. The Director shall, at such times as he deems
necessary, make or cause to be made an examination of the Association.
The reasonable cost of any such examination shall be paid by the Association
upon presentation to it by the Director of a detailed account of such cost.
During the course of such examination, the  directors, officers, members, agents and
employees of the Association may be examined under oath regarding the operation
of the Association and shall make available all books, records, accounts,
documents and agreements pertaining thereto.  The Director shall furnish
a copy of the examination report to the Association.  Within 20 days after
receipt of the report, the Association may request a hearing on the report
or any facts or recommendations therein.  If the Director finds the Association
or any of its members to be in violation of this Act, he may issue an order
requiring discontinuance of such violation. The Association shall annually provide for an independent financial audit of the books and records of the Association by a certified public accountant and shall provide a copy of the audit report to the Director.
(Source: P.A. 98-978, eff. 1-1-15.)
(215 ILCS 5/445.5) (from Ch. 73, par. 1057.5)
Sec. 445.5. 
		Immunity. 
		There shall be no liability on the part of and
no causes of action of any nature shall arise against the Association, its
directors, officers, agents or employees, or the Director of Insurance or
his representatives for any action taken or omitted by them in the performance
of their powers and duties under this Act.
(Source: P.A. 83-1300.)
(215 ILCS 5/446) (from Ch. 73, par. 1058)
Sec. 446. 
		Penalties.
Any person who violates any of the provisions of this Code, or fails to
comply with any duty imposed upon him or it by any provision of this law,
for which violation or failure no penalty is elsewhere provided by the laws
of this State, shall be guilty of a petty offense.
(Source: P.A. 77-2699.)
(215 ILCS 5/447) (from Ch. 73, par. 1059)
Sec. 447. 
		
		Domestic
company's adoption of code.
Any company, other than a stock company, heretofore organized or
incorporated under the laws of this State may, without reincorporation,
avail itself of all the provisions of this Code by filing with the
Director, a certified copy of a resolution adopted by its board of
directors, trustees, or other governing body, and in the case of a stock
company such certified copy and a certified copy of a resolution adopted by
at least two-thirds of its shareholders, accepting the provisions of this
Code.
(Source: Laws 1937, p. 696.)
(215 ILCS 5/448) (from Ch. 73, par. 1060)
Sec. 448. 
		
		Certain
powers reserved to General Assembly.
The General Assembly shall at all times have power to prescribe such
regulations, provisions, and limitations as it may deem advisable, which
regulations, provisions, and limitations shall be binding upon any and all
companies, domestic, foreign or alien, subject to the provisions of this
Code, and the General Assembly shall have power to amend, repeal, or modify
this Code at pleasure.
(Source: Laws 1937, p. 696.)
(215 ILCS 5/449) (from Ch. 73, par. 1061)
Sec. 449. 
		
		Effect of
repeal of prior law.
The repeal of a law by this Code shall not affect any right accrued or
established, or any liability or penalty incurred, under the provisions of
such law, prior to the repeal thereof.
(Source: Laws 1937, p. 696.)
(215 ILCS 5/450) (from Ch. 73, par. 1062)
Sec. 450. 
		
		Effect of
invalidity of part of code.
If any provision of this Code, or the application of such provision to
any person or circumstances, shall be held invalid, the remainder of the
Code, and the application of such provision to persons or circumstances
other than those as to which it is held invalid, shall not be affected
thereby.
(Source: Laws 1937, p. 696.)
(215 ILCS 5/451) (from Ch. 73, par. 1063)
Sec. 451. Companies
not subject to Code. This Code shall not apply to companies now or hereafter organized or
transacting business under the Title Insurance Act, or Act amendatory thereof,
supplementary thereto, or in replacement thereof; nor to corporations now or hereafter organized and
transacting business under "An Act to provide for the incorporation and
regulation of nonprofit hospital service corporations" approved July 6,
1935, or Act amendatory thereof or supplementary thereto; nor shall any
part of this Code other than Articles X, XI, XIII, and XXIV apply to
companies now or hereafter organized or transacting business under an Act
entitled, "An Act relating to local mutual district, county and township
insurance companies," approved March 13, 1936, or Act amendatory thereof
or supplementary thereto. No domestic company shall be organized under this
Code, nor shall any foreign or alien company receive a certificate of
authority under this Code, to transact the business of title insurance. The changes made to this Section by Public Act 96-334 are a statement and clarification of existing law.
(Source: P.A. 96-334, eff. 1-1-10; 96-1000, eff. 7-2-10.)
(215 ILCS 5/452) (from Ch. 73, par. 1064)
Sec. 452. Civil
Administrative Code of Illinois. Nothing in this Code contained shall be held or construed to alter,
modify, or repeal any of the provisions of the Civil Administrative Code of Illinois.
(Source: P.A. 101-81, eff. 7-12-19.)