Chapter 215 — INSURANCE

(215 ILCS 5/413) (from Ch. 73, par. 1025) Sec. 413. Privilege Tax Payable on Admission of Foreign or Alien Company. (1) Every foreign or alien company applying for a certificate of authority to transact business in this State shall pay to the Director a tax for the privilege of t…

(215 ILCS 5/414a) (from Ch. 73, par. 1026a) Sec. 414a. Notwithstanding the provisions of this or any other Act, the tax authorized by Section 414 of this Act shall not be imposed after January 1, 1979; provided that this Section shall not prohibit the collection after January 1, …

(215 ILCS 5/415) (from Ch. 73, par. 1027) Sec. 415. No taxes to be imposed by political subdivisions. The fees, charges and taxes provided for by this Article shall be in lieu of all license fees or privilege or occupation taxes or other fees levied or assessed by any municipalit…

(215 ILCS 5/416) Sec. 416. Illinois Workers' Compensation Commission Operations Fund Surcharge. (a) As of July 30, 2004 (the effective date of Public Act 93-840), every company licensed or authorized by the Illinois Department of Insurance and insuring employers' liabilities aris…

(215 ILCS 5/42) (from Ch. 73, par. 654) (Section scheduled to be repealed on January 1, 2027) Sec. 42. By-laws. (1) The incorporators shall adopt by-laws for the company which shall not be altered, amended, or repealed prior to the issuance of a certificate of authority to the co…

(215 ILCS 5/421) (from Ch. 73, par. 1028) Sec. 421. Declaration of purpose. The purpose of this article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th …

(215 ILCS 5/422) (from Ch. 73, par. 1029) Sec. 422. Definitions. When used in this Article, "Person" shall mean any individual, partnership, association, corporation, society, order, firm, company, aggregation of individuals, reciprocal exchange, inter-insurer, Lloyds insurer, fr…

(215 ILCS 5/423) (from Ch. 73, par. 1030) Sec. 423. Unfair methods of competition or unfair and deceptive acts or practices prohibited. (1) No person shall engage in this State in any trade practice which is defined in this Article as, or determined pursuant to this Article to be…

(215 ILCS 5/424) (from Ch. 73, par. 1031) Sec. 424. Unfair methods of competition and unfair or deceptive acts or practices defined. The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (1) The …

(215 ILCS 5/425) (from Ch. 73, par. 1032) Sec. 425. Power of Director. The Director shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this State and to examine and investigate into the affairs of any person domici…

(215 ILCS 5/426) (from Ch. 73, par. 1033) Sec. 426. Hearings. (1) Whenever the Director shall have reason to believe that any such person has been engaged or is engaging in this State in any unfair method of competition or any unfair or deceptive act or practice defined in Sectio…

(215 ILCS 5/427) (from Ch. 73, par. 1034) Sec. 427. Cease and desist orders and modifications thereof. (1) If, after such hearing, the Director shall determine that the method of competition or the act or practice in question is defined in Section 424 and that the person complain…

(215 ILCS 5/427.5) Sec. 427.5. Unfair and deceptive agreements voidable by the Director. If, after a hearing under Section 426, the Director determines that a person has violated paragraph (7) or (8) of Section 424, the Director may declare void and unenforceable any agreement or…

(215 ILCS 5/428) (from Ch. 73, par. 1035) Sec. 428. Procedure on review. (1) To the extent that the order of the Director is affirmed, the court shall thereupon enter its own order commanding obedience to the terms of the order of the Director. If either party applies to the cour…

(215 ILCS 5/429) (from Ch. 73, par. 1036) Sec. 429. Procedure as to unfair methods of competition and unfair or deceptive acts or practices which are not defined. (1) Whenever the Director shall have reason to believe (a) that any person engaged in the business of insurance is en…

(215 ILCS 5/43) (from Ch. 73, par. 655) (Section scheduled to be repealed on January 1, 2027) Sec. 43. Minimum surplus requirements. (1) No company organized after December 31, 1985 under this Article may receive a certificate of authority from the Director to issue policies or c…

(215 ILCS 5/430) (from Ch. 73, par. 1037) Sec. 430. Judicial review by intervenor. If the report of the Director does not charge a violation of this Article, then any party in interest who was an intervenor in the proceedings before the Director may within 35 days after the servi…

(215 ILCS 5/431) (from Ch. 73, par. 1038) Sec. 431. Penalty. Any person who violates a cease and desist order of the Director under Section 427, after it has become final, and while such order is in effect, or who violates an order of the Circuit Court under Section 429, shall, u…

(215 ILCS 5/432) (from Ch. 73, par. 1039) Sec. 432. Provisions additional to existing law. The powers vested in the Director by this Article shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts …

(215 ILCS 5/433) (from Ch. 73, par. 1040) Sec. 433. Immunity from prosecution. If any person shall ask to be excused from attending and testifying or from producing any books, papers, records, correspondence or other documents at any hearing on the ground that the testimony or ev…

(215 ILCS 5/434) (from Ch. 73, par. 1041) Sec. 434. Separability provision. If any provision of this Article, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the Article, and the application of such provision to persons…

(215 ILCS 5/44) (from Ch. 73, par. 656) (Section scheduled to be repealed on January 1, 2027) Sec. 44. Articles of incorporation. Any one or more natural persons, at least one of whom is a resident of Illinois, who desire to form a company under this Article, shall sign and ackno…

(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 …

(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…

(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 i…

(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…

(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…

(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 def…

(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 …

(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 sha…

(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 am…

(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 presentati…

(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 representati…

(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 l…

(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 …

(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 fil…

(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 …

(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: Law…

(215 ILCS 5/45) (from Ch. 73, par. 657) (Section scheduled to be repealed on January 1, 2027) Sec. 45. Documents to be delivered to Director by incorporators. Upon the execution of the articles of incorporation, there shall be delivered to the Director (a) duplicate originals of …

(215 ILCS 5/45.1) (from Ch. 73, par. 657.1) (Section scheduled to be repealed on January 1, 2027) Sec. 45.1. Escrow agreements. The company shall designate a bank or trust company with whom it will enter into an escrow agreement, which agreement shall state that the organization …

(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…

(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;…

(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.…

(215 ILCS 5/454) (from Ch. 73, par. 1065.1) Sec. 454. Purpose of Article. The purpose of this Article is to promote the public welfare by regulating workers' compensation and employer's liability insurance rates to the end that they shall not be excessive, inadequate or unfairly …

(215 ILCS 5/455) (from Ch. 73, par. 1065.2) Sec. 455. Scope of article. This Article applies to workers' compensation and employers' liability insurance incidental thereto and written in connection therewith but shall not apply to reinsurance thereon. (Source: P.A. 81-992.)

(215 ILCS 5/456) (from Ch. 73, par. 1065.3) Sec. 456. Making of rates. (1) All rates shall be made in accordance with the following provisions: (a) Due consideration shall be given to past and prospective loss experience within and outside this state, to catastrophe hazards, if a…

(215 ILCS 5/457) (from Ch. 73, par. 1065.4) Sec. 457. Rate filings. (1) Every company shall prefile with the Director every manual of classifications, every manual of rules and rates, every rating plan and every modification of the foregoing which it intends to use. Such filings …

(215 ILCS 5/458) (from Ch. 73, par. 1065.5) Sec. 458. Disapproval of filings. (1) If within 30 days of any filing the Director finds that such filing does not meet the requirements of this Article, he shall send to the company or rating organization which made such filing a writt…

(215 ILCS 5/459) (from Ch. 73, par. 1065.6) Sec. 459. Rating organizations. (1) A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this state, may make application to the Director for license as a rating organization fo…

(215 ILCS 5/46) (from Ch. 73, par. 658) (Section scheduled to be repealed on January 1, 2027) Sec. 46. Organization bonds. The incorporators shall deliver to the Director two bonds in the same penalties and containing the same provisions, so far as applicable, as the bonds requir…