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Illinois Compiled Statutes
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INSURANCE (215 ILCS 5/) Illinois Insurance Code. 215 ILCS 5/173.5
(215 ILCS 5/173.5) (from Ch. 73, par. 785.5)
Sec. 173.5.
Crediting of commissions from cancellable reinsurance.
Where the parties to a reinsurance contract cancel such contract within
90 days of its effective date without providing for a runoff of the
reinsurance in force at the date of cancellation, credit for commission
shall be allowed on the financial statement of the ceding company only for
that amount of such commission as is actually earned. In the case of any
cancellation of reinsurance contracts involving more than 20% of the ceding
company's premiums in force, the ceding company shall notify the Director
thereof in writing, stating the estimated amount of gross unearned premiums
and return commissions involved.
(Source: Laws 1965, p. 1077 .)
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215 ILCS 5/174
(215 ILCS 5/174) (from Ch. 73, par. 786)
Sec. 174. Kinds of
agreements requiring approval.
(1) The following kinds of reinsurance agreements shall not be entered into
by any domestic company unless such agreements are approved in writing by
the Director:
(a) Agreements of reinsurance of any such company | | transacting the kind or kinds of business enumerated in Class 1 of Section 4, or as a Fraternal Benefit Society under Article XVII, a Mutual Benefit Association under Article XVIII, a Burial Society under Article XIX or an Assessment Accident and Assessment Accident and Health Company under Article XXI, cedes previously issued and outstanding risks to any company, or cedes any risks to a company not authorized to transact business in this State, or assumes any outstanding risks on which the aggregate reserves and claim liabilities exceed 20 percent of the aggregate reserves and claim liabilities of the assuming company, as reported in the preceding annual statement, for the business of either life or accident and health insurance.
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(b) Any agreement or agreements of reinsurance
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(c) (Blank).
(2) An agreement which is not disapproved by the Director within thirty
days after its submission shall be deemed approved.
(Source: P.A. 98-969, eff. 1-1-15 .)
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215 ILCS 5/174.1
(215 ILCS 5/174.1) (from Ch. 73, par. 786.1)
Sec. 174.1.
Kinds of Agreements Prohibited.
No domestic stock company with
less than $5,000,000 capital and surplus nor domestic mutual or reciprocal company
with less than $5,000,000 surplus may assume as reinsurance any of the kind or
kinds of businesses enumerated in Class 2 or Class 3 of Section 4 of this
Code, except Class 2(a), and except for facultative reinsurance of specific
risks and assumption of risks from companies subject to "An Act
relating to local, mutual district, county and township insurance
companies", approved March 13, 1936, as amended. If approval of the
Director is obtained prior to the reinsurance
assumption, this prohibition shall not apply to any company organized and
authorized to do business in Illinois between July 1, 1981, and June 30,
1983, until January 1, 1989.
(Source: P.A. 84-671.)
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215 ILCS 5/175
(215 ILCS 5/175) (from Ch. 73, par. 787)
Sec. 175.
Conditions
for approval.
Any reinsurance agreement requiring the written approval of the Director
under section 174 shall be approved by him if the terms thereof do not
injuriously affect the rights of policyholders of any of the companies
which are parties thereto. If the Director refuses to approve any such
agreement, he shall grant the company a hearing upon request.
(Source: Laws 1965, p. 1077.)
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215 ILCS 5/176
(215 ILCS 5/176) (from Ch. 73, par. 788)
Sec. 176.
Pending
actions.
Whenever a company agrees to assume and carry out directly with the
policyholder any of the policy obligations of the ceding company under a
reinsurance agreement, any claim existing or action or proceeding pending
arising out of such policy, by or against the ceding company with respect
to such obligations may be prosecuted to judgment as if such reinsurance
agreement had not been made, or the assuming company may be substituted in
place of the ceding company.
(Source: Laws 1937, p. 696.)
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215 ILCS 5/177
(215 ILCS 5/177) (from Ch. 73, par. 789)
Sec. 177.
Transfer
of deposits.
The provisions of section 170 applicable to the transfer of deposits
of legal reserves on policies of merged or consolidated companies shall
apply to the transfer of deposits of such reserves of a ceding company in
the case of a reinsurance agreement, and for the purposes of determining
the conditions and requirements for such transfer the assuming company
shall be regarded as a surviving or new company and the ceding company
shall be regarded as a company that has been merged or consolidated.
(Source: Laws 1937, p. 696.)
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215 ILCS 5/178
(215 ILCS 5/178)
Sec. 178. (Repealed).
(Source: Laws 1937, p. 696. Repealed by P.A. 98-692, eff. 7-1-14; 98-969, eff. 1-1-15.)
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215 ILCS 5/179
(215 ILCS 5/179) (from Ch. 73, par. 791)
Sec. 179.
Payment of
fees to officer or director prohibited.
(1) No director or officer of any company, party to a reinsurance
agreement, except as fully expressed in the reinsurance agreement, shall
receive any fee, commission, other compensation or valuable consideration
whatever, directly or indirectly, for in any manner aiding, promoting or
assisting in the negotiation of such reinsurance agreement.
(2) Any person violating the provisions of this section shall be guilty
of a Class A misdemeanor.
(Source: P.A. 77-2699.)
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215 ILCS 5/179a
(215 ILCS 5/179a)
Sec. 179a.
Managing general agent prohibition.
(a) No managing general agent, as defined in Section 141a, shall receive any
compensation or remuneration for, or in any manner profit from, obtaining or
arranging reinsurance for a domestic company with respect to business
underwritten by that managing general agent.
(b) Any person violating the provisions of this Section is guilty of a Class
A misdemeanor.
(Source: P.A. 88-364.)
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