Chapter 215 — INSURANCE

(215 ILCS 5/121-2.06) (from Ch. 73, par. 733-2.06) Sec. 121-2.06. Transactions in this State involving any policy of insurance or annuity contract issued before the effective date of this amendatory Act of 1971. (Source: P.A. 77-1565.)

(215 ILCS 5/121-2.07) (from Ch. 73, par. 733-2.07) Sec. 121-2.07. Transactions in this State relative to a policy issued or to be issued outside this State involving insurance on vessels, craft or hulls, cargos, marine builder's risk, marine protection and indemnity or other risk…

(215 ILCS 5/121-2.08) (from Ch. 73, par. 733-2.08) Sec. 121-2.08. Transactions in this State involving contracts of insurance independently procured directly from an unauthorized insurer by industrial insureds. (a) As used in this Section: "Exempt commercial purchaser" means exem…

(215 ILCS 5/121-2.09) (from Ch. 73, par. 733-2.09) Sec. 121-2.09. Transactions in this State involving bankers' blanket bonds or directors' and officers' liability insurance issued by a captive insurance company, formed exclusively for the purpose of providing directors' and offi…

(215 ILCS 5/121-2.10) Sec. 121-2.10. Exempt charitable gift annuities. The insurance laws of this State, including this Code, do not apply to any charitable gift annuity, as defined in Section 501(m)(5) of the Internal Revenue Code, issued by an organization that is described in …

(215 ILCS 5/121-3) (from Ch. 73, par. 733-3) Sec. 121-3. Transaction of insurance business defined. Any of the following acts in this State, effected by mail or otherwise by or on behalf of an unauthorized insurer, constitutes the transaction of an insurance business in this Stat…

(215 ILCS 5/121-4) (from Ch. 73, par. 733-4) Sec. 121-4. Validity of contracts - court actions.) The failure of an insurer transacting insurance business in this State to obtain a certificate of authority does not impair the validity of any act or contract of that insurer nor doe…

(215 ILCS 5/121-5) (from Ch. 73, par. 733-5) Sec. 121-5. Injunctive proceedings. Whenever the Director believes, from evidence satisfactory to him that any insurer is violating or about to violate Section 121-2 of this Act, the Director may, through the Illinois Attorney General,…

(215 ILCS 5/121-6) (from Ch. 73, par. 733-6) Sec. 121-6. Acts constituting Secretary of State as agent for process. Any act of transacting an insurance business, as set forth in Section 121-3; by any unauthorized insurer constitutes an irrevocable appointment by that insurer, bin…

(215 ILCS 5/121-7) (from Ch. 73, par. 733-7) Sec. 121-7. Service of process - notice. Service of process in an action described in Section 121-6 shall be made by delivering to and leaving with the Secretary of State, or some person in apparent charge of his office, 2 copies there…

(215 ILCS 5/121-8) (from Ch. 73, par. 733-8) Sec. 121-8. Judgment or default - time limitation. No plaintiff is entitled to a judgment or to a determination by default in any court or administrative proceeding in which court process or notice, order, pleading, or process in proce…

(215 ILCS 5/121-9) (from Ch. 73, par. 733-9) Sec. 121-9. Other proceedings not barred. Nothing in this Article limits or affects the right to serve any process, notice, order, or demand upon any person or insurer in any other manner now or hereafter permitted by law. (Source: P.A…

(215 ILCS 5/122) (from Ch. 73, par. 734) Sec. 122. Representing unauthorized company prohibited. (a) It is unlawful for a person as officer, director, clerk, employee, or agent to serve or represent a company in connection with an act performed or contract entered into in violati…

(215 ILCS 5/122-1) (from Ch. 73, par. 734-1) Sec. 122-1. The authority and jurisdiction of Insurance Department. Notwithstanding any other provision of law, and except as provided herein, any person or other entity which provides coverage in this State for medical, surgical, chir…

(215 ILCS 5/122-2) (from Ch. 73, par. 734-2) Sec. 122-2. How to Show Jurisdiction. A person or entity may show that it is subject to the jurisdiction of another agency of this or another state, any subdivision of this State, or the Federal Government by providing to the Director …

(215 ILCS 5/122-3) (from Ch. 73, par. 734-3) Sec. 122-3. Examination. Any person or entity which is unable to show that it is subject to the jurisdiction of another agency of this state, any subdivision of this state, or the Federal Government, or is an employee welfare benefit p…

(215 ILCS 5/122-4) (from Ch. 73, par. 734-4) Sec. 122-4. Subject to State Laws. Any person or entity unable to show that it is subject to the jurisdiction of another agency of this state, any subdivision of this state, or the Federal Government, or is an employee welfare benefit …

(215 ILCS 5/122-5) (from Ch. 73, par. 734-5) Sec. 122-5. Disclosure. (1) Any agent, broker, producer, administrator, or other person or company which advertises, solicits, negotiates, procures, sells, renews, continues or administers coverage in this state, described in Section 1…

(215 ILCS 5/123) (from Ch. 73, par. 735) Sec. 123. Service of process upon an unauthorized foreign or alien company. (1) The purpose of this Section is to subject unauthorized foreign and alien companies to the jurisdiction of courts of this State in actions by or on behalf of in…

(215 ILCS 5/123.1) (from Ch. 73, par. 735.1) Sec. 123.1. Service of process upon unauthorized insurers for false advertising. (1) (a) The purpose of this Act is to subject to the jurisdiction of the Director of Insurance of this State and to the jurisdiction of the courts of this…

(215 ILCS 5/123.3) (from Ch. 73, par. 735.3) Sec. 123.3. Insurance Sales by Companies in Hazardous Financial Condition Prohibited. Notwithstanding any other provision of this Code, no unauthorized foreign or alien company officer, director, trustee, agent or employee of such comp…

(215 ILCS 5/123A-1) (from Ch. 73, par. 735A-1) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-1. Purpose of Article. The purpose of this Article is to authorize the existence, operation, and regulation of qualified advisory organizations generally available to al…

(215 ILCS 5/123A-10) (from Ch. 73, par. 735A-10) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-10. Compliance of membership with Article. Any group, association or organization of admitted companies which engages in joint underwriting or joint reinsurance throug…

(215 ILCS 5/123A-11) (from Ch. 73, par. 735A-11) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-11. Prohibition against agreements of use or adherence. (1) Two or more companies, except as authorized in this Article or in Section 478.1 of this Code, must not agre…

(215 ILCS 5/123A-12) (from Ch. 73, par. 735A-12) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-12. Exchange of information or statistical data between advisory Organizations and companies. Advisory organizations, or advisory organizations and companies may excha…

(215 ILCS 5/123A-13) (from Ch. 73, par. 735A-13) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-13. Examination of advisory organization, members, subscribers and other companies. (1) As often as may be reasonable and necessary, the Director must make or cause to…

(215 ILCS 5/123A-14) (from Ch. 73, par. 735A-14) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-14. Notice of violation-suspension or revocation of certificate-cease and desist order. If after a hearing pursuant to Sec. 123A-13, the Director finds (a) that a comp…

(215 ILCS 5/123A-15) (from Ch. 73, par. 735A-15) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-15. Failure to comply with final order of Director; penalty; collection; to be in addition to other penalties; wilful violation of Act-misdemeanor. (1) Any person, com…

(215 ILCS 5/123A-2) (from Ch. 73, par. 735A-2) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-2. Definitions. As used in this Article, unless the context requires otherwise: (a) "Advisory Organization" means every person, other than an insurance company who as it…

(215 ILCS 5/123A-3) (from Ch. 73, par. 735A-3) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-3. Scope of Article. The provisions of this Article apply to all classes of insurance in Section 4 of the "Illinois Insurance Code" except Clause (d) of Class 2. This Ar…

(215 ILCS 5/123A-4) (from Ch. 73, par. 735A-4) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-4. Licenses - Application - Fees. (1) An advisory organization must be licensed by the Director before it is authorized to conduct activities in this State. (2) Any advi…

(215 ILCS 5/123A-5) (from Ch. 73, par. 735A-5) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-5. Issuance of License. (1) The Director shall examine each application for license as an advisory organization and the supporting documents and data filed with it and m…

(215 ILCS 5/123A-6) (from Ch. 73, par. 735A-6) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-6. Documents prerequisite to engaging in activities. No advisory organization and no group, association or other organization authorized in 123A-10 of this Code may enga…

(215 ILCS 5/123A-7) (from Ch. 73, par. 735A-7) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-7. Eligibility for membership-activities of Advisory Organization. Subject to the approval of the Director, every advisory organization must make reasonable rules govern…

(215 ILCS 5/123A-8) (from Ch. 73, par. 735A-8) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-8. Common ownership or management organization. If 2 or more companies have common ownership or are operating in this State under common management, the advisory organiz…

(215 ILCS 5/123A-9) (from Ch. 73, par. 735A-9) (Section scheduled to be repealed on January 1, 2027) Sec. 123A-9. Authorization to act. (1) Any advisory organization is authorized to compile statistics and to formulate insurance policies, bond forms and underwriting rules and to …

(215 ILCS 5/123B-1) (from Ch. 73, par. 735B-1) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-1. Purpose. The purpose of this Article is to regulate the formation or operation, or both, of risk retention groups and purchasing groups in Illinois formed pursuant to…

(215 ILCS 5/123B-10) (from Ch. 73, par. 735B-10) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-10. Administrative and procedural authority regarding risk retention groups and purchasing groups. The Director is authorized to make use of any of the powers establis…

(215 ILCS 5/123B-11) (from Ch. 73, par. 735B-11) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-11. Duty on producers to obtain license. A. Any person offering, acting or seeking to solicit, sell, purchase, administer or otherwise service a liability insurance co…

(215 ILCS 5/123B-12) (from Ch. 73, par. 735B-12) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-12. Binding effect of orders issued in U.S. District Court. An order issued by any United States District Court enjoining a risk retention group from soliciting or sel…

(215 ILCS 5/123B-13) (from Ch. 73, par. 735B-13) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-13. Rules and regulations. The Director may establish and from time to time amend such rules relating to risk retention groups as may be necessary or desirable to carr…

(215 ILCS 5/123B-14) (from Ch. 73, par. 735B-14) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-14. Severability. If any clause, sentence, paragraph, Section or part of this Article or the application thereof to any person or circumstances, shall, for any reason,…

(215 ILCS 5/123B-15) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-15. Article repeal. This Article is repealed on January 1, 2057. (Source: P.A. 103-823, eff. 8-9-24.)

(215 ILCS 5/123B-2) (from Ch. 73, par. 735B-2) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-2. Definitions. As used in this Article: (1) "Director" means the Director of the Department of Insurance. (2) "Completed operations liability" means liability arising o…

(215 ILCS 5/123B-3) (from Ch. 73, par. 735B-3) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-3. Risk retention groups organized in this State. A. A risk retention group shall either: (1) pursuant to the provisions of Articles II or III, be organized to write onl…

(215 ILCS 5/123B-4) (from Ch. 73, par. 735B-4) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-4. Risk retention groups not organized in this State. Any risk retention group organized and licensed in a state other than this State and seeking to do business as a ri…

(215 ILCS 5/123B-5) (from Ch. 73, par. 735B-5) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-5. Compulsory associations. A. No risk retention group shall be required or permitted to join or contribute financially to the Illinois Insurance Guaranty Fund, or any o…

(215 ILCS 5/123B-6) (from Ch. 73, par. 735B-6) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-6. Countersignatures not required. Notwithstanding any contrary provision of this Code, a policy of insurance issued to a risk retention group or any member of that grou…

(215 ILCS 5/123B-7) (from Ch. 73, par. 735B-7) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-7. Purchasing groups - exemption from certain laws relating to the group purchase of insurance. Any purchasing group meeting the criteria established under the provision…

(215 ILCS 5/123B-8) (from Ch. 73, par. 735B-8) (Section scheduled to be repealed on January 1, 2057) Sec. 123B-8. Notice and registration requirements of purchasing groups. A. A purchasing group that intends to do business in this State shall, prior to doing business, furnish not…