Chapter 215, INSURANCE

(215 ILCS 5/1204) (from Ch. 73, par. 1065.904) Sec. 1204. (A) The Director shall promulgate rules and regulations which shall require each insurer licensed to write property or casualty insurance in the State and each syndicate doing business on the Illinois Insurance Exchange to…

(215 ILCS 5/1205) (from Ch. 73, par. 1065.905) Sec. 1205. Employees and Professional Consultants. The Department may employ and fix the compensation of such employees, and may enter into contractual agreements with technical and professional consultants as it deems necessary to e…

(215 ILCS 5/1206) (from Ch. 73, par. 1065.906) Sec. 1206. Expenses. The companies required to file reports under this Article shall pay a reasonable fee established by the Director sufficient to cover the total cost of the Department incident to or associated with the administrat…

(215 ILCS 5/121) (from Ch. 73, par. 733) Sec. 121. Transacting business without certificate of authority prohibited. (1) It shall be unlawful for any company to enter into a contract of insurance as an insurer or to transact insurance business in this State, without a certificate…

(215 ILCS 5/121-1) (from Ch. 73, par. 733-1) Sec. 121-1. Purpose of Article. The purpose of this Article is to subject certain insurers to the jurisdiction of the Director of Insurance and the courts of this State in suits by or on behalf of the State. The General Assembly declar…

(215 ILCS 5/121-10) (from Ch. 73, par. 733-10) Sec. 121-10. Pleadings by unauthorized insurer - bond or certificate of authority. Before any unauthorized insurer files or causes to be filed any pleading in any court action, suit or proceeding or any notice, order, pleading, or pr…

(215 ILCS 5/121-11) (from Ch. 73, par. 733-11) Sec. 121-11. Postponement of proceedings - Motions by unauthorized insurer. The Director, in any administrative proceeding in which service is made under Section 121-7, may order such postponement as may be necessary to afford the de…

(215 ILCS 5/121-12) (from Ch. 73, par. 733-12) Sec. 121-12. Enforcement by Attorney General. The Attorney General, upon request of the Director, may proceed in the courts of this State or any reciprocal State to enforce an order or decision in any court proceeding or in any admin…

(215 ILCS 5/121-13) (from Ch. 73, par. 733-13) Sec. 121-13. Definitions.) As used in this Article: (a) "Reciprocal state" means any State or territory of the United States and the laws of which contain procedures substantially similar to those specified in this Article for the en…

(215 ILCS 5/121-14) (from Ch. 73, par. 733-14) Sec. 121-14. List of reciprocal states. The Director shall determine which States and territories qualify as reciprocal States and shall maintain at all times an up-to-date list of those States. (Source: P.A. 77-1565.)

(215 ILCS 5/121-15) (from Ch. 73, par. 733-15) Sec. 121-15. Filing and status of foreign judgments.) A copy of any foreign judgment authenticated in accordance with the statutes of this State may be filed in the office of the clerk of any circuit court of this State. The clerk, u…

(215 ILCS 5/121-16) (from Ch. 73, par. 733-16) Sec. 121-16. Notice of filing.) At the time of the filing of a foreign judgment, the Attorney General shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the defen…

(215 ILCS 5/121-17) (from Ch. 73, par. 733-17) Sec. 121-17. Stay.) If the defendant shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a stay of enforcement has been granted, the court shall stay enforcement of the foreign judgme…

(215 ILCS 5/121-18) (from Ch. 73, par. 733-18) Sec. 121-18. Fees. Any person filing a foreign judgment must pay to the clerk of the court such fees as may apply in other cases. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgment of…

(215 ILCS 5/121-19) (from Ch. 73, par. 733-19) Sec. 121-19. Fine for unauthorized insurance. Any unauthorized insurer who transacts any unauthorized act of an insurance business as set forth in this Act is guilty of a business offense and may be fined not more than $20,000. (Sour…

(215 ILCS 5/121-2) (from Ch. 73, par. 733-2) Sec. 121-2. Transacting business without certificate of authority prohibited - Exempt transactions. It is unlawful for any insurer to transact insurance business in this State, (as described in Section 121-3,) without a certificate of …

(215 ILCS 5/121-2.01) (from Ch. 73, par. 733-2.01) Sec. 121-2.01. The lawful transaction of business under Section 445. (Source: P.A. 77-1565.)

(215 ILCS 5/121-2.02) (from Ch. 73, par. 733-2.02) Sec. 121-2.02. The lawful transaction of reinsurance by insurers. (Source: P.A. 77-1565.)

(215 ILCS 5/121-2.03) (from Ch. 73, par. 733-2.03) Sec. 121-2.03. Transactions in this State involving a policy lawfully solicited, written, and delivered outside of this State covering only subjects of insurance not resident, located, or expressly to be performed in this State a…

(215 ILCS 5/121-2.04) (from Ch. 73, par. 733-2.04) Sec. 121-2.04. Attorneys acting in the ordinary relation of attorney and client in the adjustment of claims or losses. (Source: P.A. 77-1565.)

(215 ILCS 5/121-2.05) (from Ch. 73, par. 733-2.05) Sec. 121-2.05. Group insurance policies issued and delivered in other State-Transactions in this State. With the exception of insurance transactions authorized under Sections 230.2 or 367.3 of this Code or transactions described …

(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, 2037) 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, 2037) 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, 2037) 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, 2037) 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, 2037) 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, 2037) 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, 2037) 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, 2037) 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…