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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

INSURANCE
(215 ILCS 5/) Illinois Insurance Code.

215 ILCS 5/96

    (215 ILCS 5/96) (from Ch. 73, par. 708)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 96. Issuance of certificate of authority. When the Director has been notified that the underwriters have deposited a sum not less than the minimum admitted assets required by Section 99, he shall conduct an examination of such Lloyds. If he finds that the organization has been completed and that all other requirements of this Code have been met, he shall issue to such Lloyds a certificate of authority to transact the kind or kinds of business specified in the declaration.
(Source: Laws 1937, p. 696.)

215 ILCS 5/97

    (215 ILCS 5/97) (from Ch. 73, par. 709)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 97. Deposit required of underwriters. Each underwriter of a domestic Lloyds shall make and maintain a deposit of cash or securities, or both, in trust with a responsible bank or trust company in this State to indemnify policyholders against loss. Securities so deposited shall be of a character conformable to the requirements of Article VIII applicable to companies transacting the same kind or kinds of business. The attorney-in-fact shall file with the Director an authenticated copy of each trust agreement under which any such deposit is made. All such deposits shall be considered as admitted assets of such Lloyds. No change or withdrawal of cash or securities deposited in trust shall be made without the approval of the Director.
(Source: Laws 1959, p. 1431.)

215 ILCS 5/98

    (215 ILCS 5/98) (from Ch. 73, par. 710)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 98. Verified statement. Whenever the Director shall so require, the attorney-in-fact of a domestic Lloyds shall file with the Director a verified statement setting forth
        (a) the names and addresses of all underwriters; and
        (b) a description of the cash and securities
    
deposited in trust by each underwriter.
(Source: P.A. 90-794, eff. 8-14-98.)

215 ILCS 5/99

    (215 ILCS 5/99) (from Ch. 73, par. 711)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 99. Minimum admitted assets required of domestic Lloyds. Each domestic Lloyds shall at all times keep and maintain in this State admitted assets, including the deposits of underwriters required by section 97, exceeding all outstanding claims and other liabilities plus the unearned premiums (less reinsurance premiums) on the policies in force, by not less than $900,000 if such Lloyds is writing all or any kinds of insurance enumerated in Class 2 of section 4, by not less than $600,000 if such Lloyds is writing all or any kinds of insurance enumerated in Class 3 of section 4 and by not less than $1,500,000 if such Lloyds is writing the kinds of insurance enumerated in both Class 2 and Class 3 of section 4, provided however, that any such Lloyds organized prior to the effective date of this amendatory Act of 1965 shall have and at all times maintain admitted assets in excess of all liabilities in the amount which was required for that particular Lloyds at the time it was issued a certificate of authority.
(Source: Laws 1965, p. 971.)

215 ILCS 5/100

    (215 ILCS 5/100) (from Ch. 73, par. 712)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 100. Minimum available assets required of domestic Lloyds. The aggregate of the amounts on deposit of all underwriters and all other admitted assets of each domestic Lloyds available for the payment of losses shall at all times be at least five times the amount to be assumed by such Lloyds, net not including reinsurance in licensed insurers, upon a single risk cumulative for each kind of insurance.
(Source: Laws 1937, p. 696.)

215 ILCS 5/101

    (215 ILCS 5/101) (from Ch. 73, par. 713)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 101. Restrictions upon domestic Lloyds.
    (1) A domestic Lloyds shall not
        (a) change its name or title without first obtaining
    
the written approval of the Director; nor
        (b) establish branches under other or different names
    
or titles; nor
        (c) amend or change its declaration or power of
    
attorney without the approval of the Director and any amendment thereto or change therein shall be set forth in an amended verified declaration or power of attorney filed with the Director.
    (2) A domestic Lloyds shall
        (a) maintain the assets required by this Article
    
either in cash or in investments permitted by this Code;
        (b) maintain in this State the principal office of
    
its attorney-in-fact for the transaction of business therein, and shall notify the Director of any change in the location of the principal office of its attorney-in-fact;
        (c) notify the Director of any change in
    
underwriters; and
        (d) notify the Director of any change of
    
attorney-in-fact by filing with the Director an instrument signed by the underwriters of such Lloyds revoking the previous appointment of any attorney-in-fact and designating and appointing a substitute attorney-in-fact.
    (3) All notices required by subsections (1) and (2) except the notice prescribed by clause (d) of subsection (2) shall be in writing and shall be verified by the attorney-in-fact if an individual or by an officer of the attorney-in-fact if a corporation.
    (4) Additional underwriters may join and be included in any such Lloyds, subject to such conditions and requirements as may from time to time be imposed by such Lloyds and upon meeting the requirements in this Article with regard to underwriters. Such additional underwriters who may so join such Lloyds shall be bound by the documents on file with the Director in the same manner as though they had personally executed the same and shall have the same rights, powers and duties as all other underwriters of such Lloyds. The attorney-in-fact authorized by the underwriters to act for them shall thereafter also be the attorney-in-fact for such additional underwriters.
(Source: Laws 1937, p. 696.)

215 ILCS 5/102

    (215 ILCS 5/102) (from Ch. 73, par. 714)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 102. Restrictions upon foreign Lloyds.
    (1) Each foreign Lloyds authorized to transact business in this State shall
        (a) maintain cash and securities, including the
    
deposits of its underwriters, of a character conformable to the requirements of Article VIII of this Code for domestic companies, at least equal at all times to the minimum admitted assets required by this Article for a domestic Lloyds doing the same kind or kinds of business.
        (b) file with the Director an authenticated copy of
    
its power of attorney and an authenticated copy of the trust agreement or other agreement under which deposits made by underwriters are held;
        (c) notify the Director forthwith of any amendment to
    
its power of attorney, deposit agreement or other documents underlying its organization, by filing with the Director an authenticated copy of such document as amended;
        (d) notify the Director forthwith of any change in
    
its name or change of attorney-in-fact or change of address of its attorney-in-fact.
    (2) A foreign Lloyds shall not establish branches under other or different names or titles.
    (3) There shall be filed with the Director by the attorney-in-fact of such foreign Lloyds at the time of filing the annual statement, or more often if required by the Director, a statement verified by the appropriate official of such Lloyds, setting forth
        (a) the names and addresses of all underwriters of
    
such Lloyds; and
        (b) a description of the cash and securities
    
deposited in trust by each underwriter.
(Source: P.A. 90-794, eff. 8-14-98.)

215 ILCS 5/103

    (215 ILCS 5/103) (from Ch. 73, par. 715)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 103. Alien Lloyds.
    (1) Each alien Lloyds authorized to transact business in this State shall
        (a) maintain in this State or any other state of the
    
United States in which they are authorized to transact business, cash or securities of a character conformable to the requirements of Article VIII of this Code for domestic companies at least equal at all times to the minimum of admitted assets required by this Article for a domestic Lloyds doing the same kind or kinds of business;
        (b) make deposits of underwriters in this State in
    
accordance with the requirements imposed upon domestic Lloyds;
        (c) file with the Director an authenticated copy of
    
its power of attorney and an authenticated copy of the trust agreement or other agreement under which deposits made by underwriters in this State are held;
        (d) notify the Director forthwith of any amendment to
    
its power of attorney, deposit agreement or other documents by filing with the Director an authenticated copy of such document as amended; and
        (e) notify the Director forthwith of any change in
    
its name or change of attorney-in-fact or change of address of its attorney-in-fact.
    (2) An alien Lloyds shall not establish branches under other or different names or titles.
    (3) There shall be filed with the Director by the attorney-in-fact for such Lloyds, who or which shall be a resident person or corporation of this State, at the time of filing the annual statement, or more often if required by the Director, a verified statement setting forth
        (a) the names and addresses of all underwriters of
    
such Lloyds; and
        (b) a description of the cash and securities
    
deposited in trust by each underwriter.
    (4) Additional underwriters may join and be included in any such Lloyds subject to such conditions and requirements as may from time to time be imposed by such Lloyds and upon meeting the requirements of this Section, such additional underwriters who may so join such Lloyds shall be bound by the documents on file with the Director in the same manner as though they had personally executed the same and shall have the same rights, powers and duties as all other underwriters of such Lloyds. The attorney-in-fact authorized by the underwriters to act for them shall thereafter be the attorney-in-fact for such additional underwriters to the extent of the power of attorney or other document or authorization by such underwriters to the attorney-in-fact.
(Source: P.A. 90-794, eff. 8-14-98.)

215 ILCS 5/104

    (215 ILCS 5/104) (from Ch. 73, par. 716)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 104. Policy forms. Every policy issued in this State by any domestic, foreign or alien Lloyds shall have printed upon its face and back the name of such Lloyds, the name and address of its attorney-in-fact in this State or agent for service of process in this State, and in type not smaller than ten point the words "Not Incorporated."
(Source: Laws 1937, p. 696.)

215 ILCS 5/105

    (215 ILCS 5/105) (from Ch. 73, par. 717)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 105. Director as agent; service of process.
    (1) The attorney-in-fact of every Lloyds transacting business in this State shall file with the Director a duly executed instrument whereby such Lloyds shall appoint and constitute the Director, his successor or successors in office, the true and lawful agent of such Lloyds upon whom all lawful process in any action or legal proceeding against such Lloyds may be served, and shall agree that any lawful process against such Lloyds which may be served upon said agent shall be of the same force and validity as if served upon the attorney-in-fact, and that the authority thereof shall continue in force irrevocably so long as any liability of such Lloyds in this State shall remain outstanding.
    (2) In any suit instituted against any domestic, foreign or alien Lloyds transacting business in this State, it shall not be necessary to name the underwriters as parties defendant, but such Lloyds may be named as the party defendant in any such suit and service may be had upon all the underwriters by service upon the last appointed attorney-in-fact or by service upon the Director, and not otherwise. Any such suit may be brought in the county in which the cause of action arises or in which the claimant resides. When such process is served upon the Director as agent to accept service, duplicate copies of such process shall be delivered to him and he shall immediately forward one copy of each such process to the last appointed attorney-in-fact by certified or registered mail, postage prepaid, giving the day and hour of such service.
(Source: P.A. 88-535.)

215 ILCS 5/106

    (215 ILCS 5/106) (from Ch. 73, par. 718)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 106. Penalties. It shall be unlawful for any person to act as an underwriter of or attorney-in-fact for a Lloyds except in accordance with the provisions of this Article, and any person violating any of the provisions of this section shall be guilty of a business offense and shall be required to pay a penalty of not more than one thousand dollars, for each offense, to be recovered in the name of the People of the State of Illinois by the State's Attorney of the county in which the violation occurs, and the penalty so recovered shall be paid into the county treasury.
(Source: P.A. 77-2699.)

215 ILCS 5/107

    (215 ILCS 5/107) (from Ch. 73, par. 719)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 107. Application of other Code provisions. Unless otherwise provided in this Article, every Lloyds shall be subject to other applicable provisions of this Code.
(Source: Laws 1937, p. 696.)

215 ILCS 5/Art. V.5

 
    (215 ILCS 5/Art. V.5 heading)
ARTICLE V 1/2. INSURANCE EXCHANGE
(Repealed by P.A. 98-969, eff. 1-1-15)