Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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INSURANCE215 ILCS 5/513a5
(215 ILCS 5/) Illinois Insurance Code.
(215 ILCS 5/513a5)
(from Ch. 73, par. 1065.60a5)
Insurance Producer Administration Fund.
All fees and
penalties paid to and collected by the Director under this Article shall be
paid promptly after receipt, together with a detailed statement of the
fees, into the Insurance Producer Administration Fund.
(Source: P.A. 98-463, eff. 8-16-13.)
215 ILCS 5/513a6
(215 ILCS 5/513a6)
(from Ch. 73, par. 1065.60a6)
Any person or authorized member of a
partnership or corporation who, while licensed as a premium finance
company, is convicted of a felony shall report the conviction to the
Director within 30 days of the entry date of the judgement. Within that 30
day period, the person shall also provide the Director with a copy of the
judgement, the probation or commitment order, and any other relevant document.
(Source: P.A. 87-811.)
215 ILCS 5/513a7
(215 ILCS 5/513a7)
(from Ch. 73, par. 1065.60a7)
License suspension; revocation or denial.
(a) Any license issued under this Article may be suspended, revoked, or
denied if the Director finds that the licensee or applicant:
(1) has wilfully violated any provisions of this Code
or the rules and regulations thereunder;
(2) has intentionally made a material misstatement in
the application for a license;
(3) has obtained or attempted to obtain a license
through misrepresentation or fraud;
(4) has misappropriated or converted to his own use
or improperly withheld monies;
(5) has used fraudulent, coercive, or dishonest
practices or has demonstrated incompetence, untrustworthiness, or financial irresponsibility;
(6) has been, within the past 3 years, convicted of a
felony, unless the individual demonstrates to the Director sufficient rehabilitation to warrant public trust;
(7) has failed to appear without reasonable cause or
excuse in response to a subpoena issued by the Director;
(8) has had a license suspended, revoked, or denied
in any other state on grounds similar to those stated in this Section; or
(9) has failed to report a felony conviction as
required by Section 513a6.
(b) Suspension, revocation, or denial of a license under this Section
shall be by written order sent to the licensee or applicant by certified or
registered mail at the address specified in the records of the Department.
The licensee or applicant may in writing request a hearing within 30 days
from the date of mailing. If no written request is made the order shall be
final upon the expiration of that 30 day period.
(c) If the licensee or applicant requests a hearing under this Section,
the Director shall issue a written notice of hearing sent to the licensee
or applicant by certified or registered mail at his address, as specified
in the records of the Department, and stating:
(1) the grounds, charges, or conduct that justifies
suspension, revocation, or denial under this Section;
(2) the specific time for the hearing, which may not
be fewer than 20 nor more than 30 days after the mailing of the notice of hearing; and
(3) a specific place for the hearing, which may be
either in the City of Springfield or in the county where the licensee's principal place of business is located.
(d) Upon the suspension or revocation of a license, the licensee or
other person having possession or custody of the license shall promptly
deliver it to the Director in person or by mail. The Director shall
publish all suspensions and revocations after they become final in a manner
designed to notify interested insurance companies and other persons.
(e) Any person whose license is revoked or denied under this Section
shall be ineligible to apply for any license for 2 years. A suspension
under this Section may be for a period of up to 2 years.
(f) In addition to or instead of a denial, suspension, or revocation of
a license under this Section, the licensee may be subjected to a civil
penalty of up to $2,000 for each cause for denial, suspension,
revocation. The penalty is enforceable under subsection (5) of Section
403A of this Code.
(Source: P.A. 93-32, eff. 7-1-03.)
215 ILCS 5/513a8
(215 ILCS 5/513a8)
(from Ch. 73, par. 1065.60a8)
(a) The Director may examine any applicant for or holder of a premium
(b) All persons being examined, as well as their officers and directors,
shall provide to the Director convenient and free access, at all reasonable
hours at their offices, to all books, records, documents, and other papers
relating to the person's insurance and premium financing business affairs.
The licensee or its officers, directors, and employees shall facilitate and
aid the Director in the examinations as much as it is in their power to do so.
(c) The Director may designate an examiner or examiners to conduct any
examination under this Section. The Director or his designee may administer
oaths and examine under oath any individual relative to the business of the
person being examined.
(d) The examiners designated by the Director under this Section may make
reports to the Director. Any report alleging substantive violations of this
Code or the rules and regulations thereunder shall be in writing and be
based upon facts obtained by the examiners. The report of examination shall
be verified by the examiners.
(e) If a report is made, the Director shall either deliver a duplicate
thereof to the licensee being examined or send the duplicate by certified
or registered mail to the licensee's address of record. The Director shall
afford the licensee an opportunity to request a hearing with reference to
the facts and other evidence contained in the report. The licensee may
request a hearing within 14 calendar days after he receives the duplicate
of the examination report by giving the Director written notice of that
request, together with written statement of the licensee's objection to the
report. The Director shall, if requested to do so, conduct a hearing in
accordance with Sections 402 and 403. The Director shall issue a written
order based upon the examination report within 90 days after the report is
filed or within 90 days after the hearing, if a hearing is held. If the
report is refused or otherwise undeliverable or a hearing is not requested
in a timely fashion, the right to a hearing is waived. After the hearing or
the expiration of the time period in which a licensee may request a
hearing, if the examination reveals that the licensee is operating in
violation of any law, this Code or rules and regulations promulgated
thereunder, or prior order, the Director in the written order may require
the licensee to take any action the Director considers necessary or
appropriate in accordance with the report or examination hearing. The
order is subject to review under the Administrative Review Law.
(f) Any licensee who violates or aids and abets any violation of a
written order issued under this Section shall be guilty of a business
offense, and his license may be revoked or suspended under Section 513a7,
and he may be fined not less than $501 nor more than $5,000.
(Source: P.A. 87-811.)
215 ILCS 5/513a9
(215 ILCS 5/513a9)
(from Ch. 73, par. 1065.60a9)
Premium finance agreement.
(a) A premium finance
agreement must be dated and signed by or on behalf of the named
insured, and the printed
portion shall be in at least 8-point type. The following items must be set
forth on the first page of the accepted finance agreement:
(1) the total amount of the premiums;
(2) the amount of the down payment;
(3) the principal balance (the difference between
(4) the amount of the finance charges expressed in
dollars and as an annual percentage rate;
(5) the balance payable by the insured (sum of items
(6) the number of installments, the due dates
thereof, and the amount of each installment expressed in dollars; and
(7) the policy numbers or binder numbers.
(b) The premium finance company is required to
furnish full and complete
disclosure of the terms and conditions of the premium finance
agreement including, but not limited to, the specific insurance coverages
financed to the named insured no later than the date that the first
premium payment notice is sent to the insured.
(c) As to policies written primarily for personal, family, or household
use, the premium finance company must:
(1) deliver or mail the premium check or checks in
the amount of the principal balance directly to the insurer or insurers unless the insurer or insurers have given written authority to the premium finance company to deliver the checks to the producer;
(2) issue the premium check or checks payable to the
insurer, insurers, or, if the insurer gives written authority to the premium finance company, to the producer; and
(3) properly identify the premium check or checks by
policy number or binder number when the premium is paid to the insurer or insurers.
(d) As to all other policies the premium finance company may:
(1) deliver or mail the premium check or checks in
the amount of the principal balance directly to the producer; and
(2) issue the premium check or checks payable to the
(e) A premium finance company that pays the financed premium to the
producer pursuant to subsection (d) establishes the producer as the agent of
the premium finance company for payment of the premium and for receipt of any
(Source: P.A. 89-265, eff. 1-1-96; 90-381, eff. 8-14-97.)
215 ILCS 5/513a10
(215 ILCS 5/513a10)
(from Ch. 73, par. 1065.60a10)
Maximum service charge.
(a) No service charge shall be made for financing premiums other than as
permitted by this Article.
(b) The service charge is to be computed on the principal balance from
the effective date of the insurance coverage for which the premiums are
being advanced to and including the date when the final installment of the
premium finance agreement is payable.
(c) The service charge shall be a maximum of $10 per $100 per year plus
an allowable charge as follows:
Amount of Principal
Per Finance Agreement
$0 to $499
$500 to $999
$1000 or more
(d) The service charge or any other charge made by the licensee does not
have to be refunded upon cancellation or prepayment. The allowable charge
is considered to be part of the service charge.
(e) A premium finance agreement may provide for a delinquency charge of
not less than $1 nor more than 5% of any installment in default for more
than 5 days.
(f) Any other charges shall be disclosed in the premium finance agreement.
(Source: P.A. 87-811.)
215 ILCS 5/513a11
(215 ILCS 5/513a11)
(from Ch. 73, par. 1065.60a11)
Cancellation requirements upon default.
(a) When a premium finance agreement contains a power of attorney
enabling the premium finance company to cancel any insurance contract or
contracts listed in the premium finance agreement, the insurance contract
or contracts shall not be cancelled by the premium finance company unless
the request for cancellation is effectuated under this Section.
(b) Not less than 10 days written notice shall be mailed to the named
insured of the intent of the premium finance company to cancel the
insurance contract unless the default is cured within the 10 day period.
(c) After expiration of the 10 day period, the premium finance company
may request, in the name of the named insured, cancellation of the insurance
contract or contracts by mailing or hand delivering to the insurer a
request for cancellation, and the insurance contract shall be cancelled as
if the request for cancellation had been submitted by the named insured,
but without requiring the return of the insurance contract or contracts.
The premium finance company shall also mail a copy of the request for
cancellation to the named insured at his last known address.
(d) All statutory, regulatory, and contractual restrictions providing
that the insurance contract may not be cancelled unless notice is given to
a governmental agency, mortgagee, or other third party shall apply where
cancellation is effected under provisions of this Section. The insurer
shall give the notice to any governmental agency, mortgagee, or other
third party on or before the fifth business day after it receives the
notice of cancellation from the premium finance company. For purposes of this Section, any governmental agency, mortgagee, or other third party may opt to receive notices electronically.
(e) In the event that the collection of return premiums for the account of
the named insured results in a surplus over the amount due from the named
insured, the premium finance company shall refund the excess to the named
insured; however, no refund is required if it amounts to less than $5.
(f) All cancellation provisions required of the premium finance company
and insurer are applicable to any policy to which Section 143.11 applies.
(Source: P.A. 93-713, eff. 1-1-05.)
215 ILCS 5/513a12
(215 ILCS 5/513a12)
(from Ch. 73, par. 1065.60a12)
Books and records.
(a) Until payment in full and 3 years thereafter every licensee shall
maintain each premium finance agreement or duplicate originals thereof and
all original documents relating thereto (except those papers returned to
the insured) so as to be readily available for examination by the Director.
(b) Every licensee shall maintain a register, ledger, or combination of
records for each premium finance agreement that can readily show:
(1) the date of acquisition;
(2) the name of the insured;
(3) the identifying number;
(4) the principal balance;
(5) the amount of all charges assessed;
(6) the balance; and
(7) a distribution of proceeds showing the dates,
amounts, and names of the persons to whom any part of the proceeds were distributed.
(Source: P.A. 87-811.)
215 ILCS 5/513a13
(215 ILCS 5/513a13)
Electronic delivery of notices and documents.
(a) As used in this Section:
"Delivered by electronic means" includes:
(1) delivery to an electronic mail address at which a
party has consented to receive notices or documents; or
(2) posting on an electronic network or site
accessible via the Internet, mobile application, computer, mobile device, tablet, or any other electronic device, together with separate notice of the posting, which shall be provided by electronic mail to the address at which the party has consented to receive notice or by any other delivery method that has been consented to by the party.
"Party" means any recipient of any notice or document required as part of a premium finance agreement including, but not limited to, an applicant or contracting party. For the purposes of this Section, "party" includes the producer of record.
(b) Subject to the requirements of this Section, any notice to a party or any other document required under applicable law in a premium finance agreement or that is to serve as evidence of a premium finance agreement may be delivered, stored, and presented by electronic means so long as it meets the requirements of the Electronic Commerce Security Act.
(c) Delivery of a notice or document in accordance with this Section shall be considered equivalent to delivery by first class mail or first class mail, postage prepaid.
(d) A notice or document may be delivered by electronic means by a premium finance company to a party under this Section if:
(1) the party has affirmatively consented to that
method of delivery and has not withdrawn the consent;
(2) the party, before giving consent, is provided
with a clear and conspicuous statement informing the party of:
(A) the right of the party to withdraw consent to
have a notice or document delivered by electronic means, at any time, and any conditions or consequences imposed in the event consent is withdrawn;
(B) the types of notices and documents to which
the party's consent would apply;
(C) the right of a party to have a notice or
document delivered in paper form; and
(D) the procedures a party must follow to
withdraw consent to have a notice or document delivered by electronic means and to update the party's electronic mail address;
(3) the party:
(A) before giving consent, is provided with a
statement of the hardware and software requirements for access to, and retention of, a notice or document delivered by electronic means; and
(B) consents electronically, or confirms consent
electronically, in a manner that reasonably demonstrates that the party can access information in the electronic form that will be used for notices or documents delivered by electronic means as to which the party has given consent; and
(4) after consent of the party is given, the premium
finance company, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document to which the consent applies:
(A) provides the party with a statement that
(i) the revised hardware and software
requirements for access to and retention of a notice or document delivered by electronic means; and
(ii) the right of the party to withdraw
consent without the imposition of any condition or consequence that was not disclosed at the time of initial consent; and
(B) complies with paragraph (2) of this
(e) Delivery of a notice or document in accordance with this Section does not affect requirements related to content or timing of any notice or document required under applicable law.
(f) The legal effectiveness, validity, or enforceability of any premium finance agreement executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party in accordance with subparagraph (B) of paragraph (3) of subsection (d) of this Section.
(g) A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective.
A withdrawal of consent by a party is effective within a reasonable period of time after receipt of the withdrawal by the premium finance company.
Failure by a premium finance company to comply with paragraph (4) of subsection (d) of this Section and subsection (j) of this Section may be treated, at the election of the party, as a withdrawal of consent for purposes of this Section.
(h) This Section does not apply to a notice or document delivered by a premium finance company in an electronic form before the effective date of this amendatory Act of the 100th General Assembly to a party who, before that date, has consented to receive notice or document in an electronic form otherwise allowed by law.
(i) If the consent of a party to receive certain notices or documents in an electronic form is on file with a premium finance company before the effective date of this amendatory Act of the 100th General Assembly and, pursuant to this Section, a premium finance company intends to deliver additional notices or documents to the party in an electronic form, then prior to delivering such additional notices or documents electronically, the premium finance company shall:
(1) provide the party with a statement that
(A) the notices or documents that shall be
delivered by electronic means under this Section that were not previously delivered electronically; and
(B) the party's right to withdraw consent to
have notices or documents delivered by electronic means without the imposition of any condition or consequence that was not disclosed at the time of initial consent; and
(2) comply with paragraph (2) of subsection (d)
(j) A premium finance company shall deliver a notice or document by any other delivery method permitted by law other than electronic means if:
(1) the premium finance company attempts to deliver
the notice or document by electronic means and has a reasonable basis for believing that the notice or document has not been received by the party; or
(2) the premium finance company becomes aware that
the electronic mail address provided by the party is no longer valid.
(k) The producer of record shall not be subject to civil liability for any harm or injury that occurs as a result of a party's election to receive any notice or document by electronic means or by a premium finance company's failure to deliver a notice or document by electronic means unless the harm or injury is caused by the willful and wanton misconduct of the producer of record.
(l) This Section shall not be construed to modify, limit, or supersede the provisions of the federal Electronic Signatures in Global and National Commerce Act, as amended.
(Source: P.A. 100-495, eff. 1-1-18
215 ILCS 5/Art. XXXIII
(215 ILCS 5/Art. XXXIII heading)
215 ILCS 5/522
(215 ILCS 5/522)
(from Ch. 73, par. 1065.69)
This article is to make basic property insurance increasingly available
to the citizens of this State, and to deter the insurance industry from
geographically redlining urban areas of this State by requiring the restructuring
of the Industry Placement Facility and administering the FAIR Plan (Fair
Access to Insurance Requirements) to deliver residential property insurance
to all citizens of this State on a reasonable access and marketing basis
by offering homeowners insurance, by requiring immediate binding of eligible
risks, by making use of premium installment payment plans, and by further
establishing reasonable service standards in its plan of operation subject
to the approval and review of the Director; and, to establish a central
operation facility for the equitable distribution of losses and expenses
in the writing of the basic property insurance and homeowners insurance in this State.
(Source: P.A. 80-1365.)
215 ILCS 5/523
(215 ILCS 5/523)
(from Ch. 73, par. 1065.70)
Definitions.) (1) "Basic Property Insurance" means the
coverage against direct loss to real or tangible personal property at a
fixed location provided in the Standard Fire Policy and Extended
Coverage Endorsement and such vandalism and malicious mischief or such
other classes of insurance as may be added with respect to the property
by the Industry Placement Facility with the approval of the Director, except
insurance on automobile, farm and manufacturing
risks and it shall include homeowners insurance.
(2) "Homeowners Insurance" means the personal multi-peril property
coverages commonly known as Homeowners Insurance.
(3) "Inspection Bureau(s)" means the organization or organizations
designated by the Industry Placement Facility with the approval of the
Director to make inspections to determine the condition of the
properties for which basic property insurance is sought and to perform
such other duties as may be authorized by the Industry Placement
(4) "Industry Placement Facility" or "Facility" means the
organization formed by insurers licensed to write and engaged in writing
basic property insurance (including multi-peril policies)
within the State of Illinois to assist applicants in urban areas in
securing basic property insurance and to formulate and administer a
program for the equitable apportionment among such insurers of such
basic property insurance.
(5) "Urban Area" means any community having a blighted, deteriorated
or deteriorating area which the Facility has designated with the
approval of the Director, or which the Secretary of the U.S. Department
of Housing and Urban Development has approved for an urban renewal
project after a local public agency has been formed in the community to
avail itself of a U.S. Housing and Urban Renewal Program, or which the
Director of Insurance has designated.
(6) "Premiums Written" means the gross direct premiums charged with
respect to property in this State on all policies of basic property
insurance and the basic property insurance premium components of all
multi-peril policies less return premiums, dividends paid or credited to
policyholders, or the unused or unabsorbed portions of premium deposits.
(Source: P.A. 80-1365.)
215 ILCS 5/524
(215 ILCS 5/524)
(from Ch. 73, par. 1065.71)
FAIR Plan Procedure.
(1) Any person having an insurable
interest in real or tangible personal property at a fixed location in an
urban area who, after diligent effort has been unable to obtain basic
property insurance, as evidenced by 3 attempts to procure such insurance,
is entitled upon application to the Facility to an
inspection and evaluation of the property by representatives of the
(2) Any person who is an owner-resident of a one to four family
dwelling unit at a fixed location in an urban area and whose residential
real property insurance coverage has been nonrenewed through the
voluntary insurance market shall be entitled to submit a binding
application of coverage to the Facility for such period of time as is
required by the Facility to conduct a reasonable inspection of the
residential real property.
(3) The manner and scope of the inspection and evaluation report
for nonresidential property shall be prescribed by the Facility with
the approval of the Director. The
inspection must include, but need not be limited to, pertinent
structural and occupancy features as well as the general condition of
the building and surrounding structures. A representative photograph of
the property may be taken as part of the inspection.
(4) Promptly after the request for inspection is received an
inspection must be made and an inspection report filed with the company
or companies designated by the Facility. A copy of the completed
inspection and evaluation report must be sent to the Facility and made
available to the
applicant and to insurers in the voluntary insurance market upon request.
(5) If the Inspection Bureau finds that the residential property meets
the reasonable underwriting standards established under Section 525, the
applicant shall be so informed in writing. If the residential property does
not meet the criteria, the applicant shall be informed, in writing, of the
reasons for the failure of the residential property to meet the criteria.
(6) If, at any time, the applicant makes improvements in the residential
property or its condition which he or she believes are sufficient to make
the residential property meet the criteria, a representative of the Inspection
Bureau shall reinspect the residential property upon request. In any case,
the applicant for residential property insurance shall be eligible for one
reinspection any time
beginning 60 days after his or
her initial Fair plan inspection. If upon reinspection the residential property
meets the reasonable underwriting standards established under Section 525,
the applicant shall be so informed in writing.
(Source: P.A. 81-1430.)
215 ILCS 5/525
(215 ILCS 5/525)
(from Ch. 73, par. 1065.72)
Industry Placement Program.)
(1) Within 30 days after the
effective date of this Article, all insurers engaged in writing in this
State, on a direct basis, basic property insurance or any property
insurance component in multi-peril policies, other than local district,
county and township mutual companies, must establish an Industry
Placement Facility to formulate and administer a Program for the
equitable apportionment among such insurers of basic property insurance
which may be afforded applicants in urban areas whose property is
insurable in accordance with reasonable underwriting standards, but
who, after diligent efforts, are unable to procure such insurance through
normal channels, as evidenced by 3 attempts to procure such insurance.
The Program may also provide, with the approval of the
Director, for the use of deductibles, percentage participation clauses
and other underwriting devices and for assessment of all members in
amounts sufficient to operate the Facility, and may establish maximum
limits of liability to be placed through the Program,
commissions to be paid to the license producer designated by the
applicant and for relieving any company from accepting referrals under
the FAIR Plan, in whole or in part, for reasonable cause. The Program
may also provide that the Facility issue policies in its own name. The
Program shall establish reasonable underwriting standards for determining
insurability of a risk, subject to the approval of the Director.
(2) The Industry Placement Program, through its plan of operation,
shall provide reasonable access and marketing procedures for (a)
immediate binding of eligible risks; (b) premium installment payment
plans; and, (c) establishing adequate marketing and service facilities
in all designated urban areas of this State.
(3) Homeowners insurance coverage shall become part of the Industry
Placement Program of basic property insurance. The Facility shall
develop, with the consultation of the Director, a homeowners insurance
contract(s) for urban areas. Such Program of homeowners insurance will
be implemented through a plan of operation specifically entitling owner
residents who have been nonrenewed through normal insurance channels of
immediate binding coverage pending a reasonable period of time for the
Facility to conduct an inspection of the premises to determine whether
the premises comply with underwriting requirements set out in the Program.
(4) Each insurer, as a condition of its authority to transact such
kinds of insurance in this State, must participate in the Industry
Placement Program in accordance with this Article and such a plan of
operation as may be established by a Governing Committee of 6 insurers
elected annually in a manner provided in a membership agreement to be
executed by each participating insurer, 4 members who are not
employees of or otherwise affiliated with the
insurance industry appointed by the Director to represent the
interest of insurance consumers, and one member who is an Illinois licensed
insurance producer appointed by the Director, who shall serve
for terms consistent with the terms served by
their counterparts from the insurance industry.
(Source: P.A. 88-667, eff. 9-16-94.)
215 ILCS 5/525.1
(215 ILCS 5/525.1)
(from Ch. 73, par. 1065.72-1)
Centralized Operations Authorized.) (1) The Industry
Placement Facility is authorized, for FAIR Plan purposes only, to issue
policies of insurance and endorsements thereto in its own name or a
trade name duly adopted for that purpose, and to act on behalf of all
participating insurers in connection with said policies and otherwise in
any manner necessary to accomplish the purposes of this Article,
including but not limited to collection of premiums, issuance of
cancellations, and payment of commissions, losses, judgments and
(2) The participating insurers shall be liable to the Facility as
provided in this Article, the Program and any related Articles of
Agreement for the expenses and liabilities so incurred by the Facility,
and the Governing Committee shall make assessments against the
participating insurers as required to meet such expenses and
liabilities. In connection with any policy issued by the Facility: (a)
the name and percentage participation of each participating insurer
shall be made available to the insured upon request to the Facility;
(b) service of any notice, proof of loss, legal process or other
communication with respect to the policy may and shall be made upon the
Facility; and (c) any action by the insured constituting a claim under
the policy shall be brought only against the Facility, and the Facility
shall be the proper party for all purposes in any action brought under
or in connection with any such policy. The foregoing requirements shall
be set forth in any policy issued by the Facility and the form and
content of any such policy shall be subject to the approval of the
Director of Insurance.
(3) The Facility is authorized to assume and cede reinsurance in
conformity with the Program.
(4) (a) Each insurer must participate in the writings, expenses,
profits and losses of the Facility in the proportion that its premiums written,
with respect to each fund, bear to the aggregate premiums written by all
insurers, with respect to each said fund, excluding that portion of the
premiums written attributable to the operation of the Facility except
as otherwise provided in this Section.
(b) The Director of Insurance shall by rule establish procedures for
determining the net level of participation required of each insurer, which
shall include the following elements:
(i) The designation of one or more contiguous ZIP CODE areas within
this State wherein the insurers writing new policies upon risks which they
do not insure prior to the effective date of this amendatory Act may receive
their obligation for FAIR Plan risks;
(ii) The minimum level of participation required of all insurers regardless of
the amount of credit allowed but which in no case shall be less than 50%
of that level of participation that would be required as defined in paragraph
(iii) A designation of the type of risks for which credit may be allowed,
provided that credit shall not apply to commercial risks where the annual
premium for the policy exceeds $2,000 for each fixed location;
(iv) The maximum level of participation required of all insurers regardless
of the amount of credit allowed.
(c) The procedures for determining levels of participation and all designations,
formulas, minima and maxima required by this Section shall be reasonably
designed to effect the intent of this Article without exempting any insurer
from the participation requirement.
(5) Voting on administrative questions of the Facility shall be
weighted in accordance with each insurers' premium written during the
second preceding calendar year as disclosed in the reports filed by the
insurer with the Director.
(6) The Facility may on its own initiative or at the request of the
Director, amend its rules or Program, subject to approval by the
(Source: P.A. 81-1426.)
215 ILCS 5/525.2
(215 ILCS 5/525.2)
(from Ch. 73, par. 1065.72-2)
In the event the Industry Placement Facility accepts premium payments
from licensed premium financing companies and whenever a financed FAIR Plan
insurance contract is cancelled in accordance with Section 521 of the
Illinois Insurance Code, the insurer or Industry Placement Facility shall
return whatever gross unearned premium is due under the insurance contract
to the premium finance company effecting the cancellation for the account
of the insured or insureds less the proportionate amount of the commissions
paid by it to the producers of such FAIR Plan risk, prorated as to the
unearned portion of the premium, which amount such producers shall return
to the premium finance company. In the event of cancellation as set forth
above the Industry Placement Facility may deduct and retain from the return
premium a reasonable amount as a service charge.
(Source: P.A. 77-1561.)
215 ILCS 5/525.3
(215 ILCS 5/525.3)
(from Ch. 73, par. 1065.72-3)
Approval of Rates.
In the event that the Industry Placement
Facility proposes to issue policies of insurance or endorsements thereto
pursuant to subsection (1) of Section 525.1, the Facility shall file for
approval with the Director the proposed rates and supplemental rate information
to be used in connection with the issuance of such policies or endorsements.
Within 60 days of the filing of the proposed rates, the Director shall enter
an order either approving or disapproving, in whole or in part, the rate
plan filed. The Director may, upon notice to the Industry Placement Facility,
extend the period for entering an order under this Section an additional
30 days. No such policies or endorsements shall be issued until such time
as the Director approves the rates to be applied to the policy or endorsement.
An order disapproving a rate shall state the grounds for the disapproval
and the findings in support thereof.
(Source: P.A. 81-1426.)
215 ILCS 5/525.4
(215 ILCS 5/525.4)
(from Ch. 73, par. 1965.72-4)
Application for Coverage of Risks by the Facility.
(1) In the
event that the Industry Placement Facility proposes to issue policies of
insurance or endorsements thereto pursuant to subsection (1) of Section
525.1, the Facility shall require a written application for such
policies or endorsements. All applications shall be incorporated into the
policy or endorsement for which application was made.
(2) Applications for coverage of risks on property which is held in a
land trust, except applications for policies described in subsection (b)
of Section 143.13, shall disclose all beneficial interests in the property
in accordance with "An Act to require disclosure, under certification of
perjury, of all beneficial interests in real property held in a land trust,
in certain cases", approved September 21, 1973, as amended. Changes, which
result in an aggregate of 25%, in beneficial interest in the property subsequent
to the verification made in the application shall be reported by the
applicant or policy holder to the Facility no later than 10 days after the
change in beneficial interest occurs.
This shall not apply to transfer of beneficial interest to members of the
immediate family including spouse, children and grandchildren and their
spouses, parents, sisters and brothers. Changes in beneficial interest
which result in an aggregate of less than 25% shall be reported at the time
of renewal of the policy. Disclosure of the beneficial interests in such
property is deemed material
to the application for new coverage or the continuation of existing coverage
and failure to disclose all beneficial interests, including any changes
therein, renders the contract of insurance voidable at the option of the
Facility. Upon being notified of any change in beneficial interest, the
Facility shall reevaluate its risk of loss as if the risk were a new application
for coverage. When a policy subject to this Section is issued or applied
for, the Facility shall give written notice as to the requirements of this Section
to the named insured or applicant and all beneficiaries disclosed in the application.
(3) Applications for policies or endorsements covering real property,
except applications for policies described in subsection (b) of Section
143.13, shall include the following information:
(a) name and address of the applicant;
(b) name and address of all parties with any financial interest in the
property to be insured and the nature and extent of such interest, including mortgages;
(c) all purchases and sales of the property to be insured during the last
five years, including all parties involved in such transactions, with their
names and addresses;
(d) the value the insured claims for the insurable interest and the method
utilized to derive that value;
(e) all income from the property to be insured during the current year
and the last calendar and tax years, if known;
(f) occupancy and use during the preceding two years, including percentage
of occupancy if a nonowner occupied dwelling, if known;
(g) prior loss history of the applicant and the property to be insured;
(h) all tax liens and other legal encumbrances affecting the property
to be insured; and
(i) all violations of building construction and maintenance ordinances
concerning the property to be insured which have been cited in a legal notice
from an ordinance enforcement authority and which violations have not been
certified as remedied by the enforcement authority, and for which an enforcement
action is pending.
(4) Within 60 days of receipt of an application submitted pursuant to
subsection (3), the Facility shall conduct an on-site inspection of the
property to be insured so as to determine the nature of the risk presented
and the availability of coverage by the Facility. Any policy or endorsement
issued on an application submitted pursuant to subsection (3) may be cancelled
by the Facility within 60 days of the issuance thereof.
(Source: P.A. 81-1426.)
215 ILCS 5/527
(215 ILCS 5/527)
(from Ch. 73, par. 1065.74)
(1) Any applicant or affected insurer has the right of appeal to the
Governing Committee. A decision of the Committee may be appealed to the
Director within 30 days after such decision.
(2) All orders or decisions of the Director made pursuant to this
Article are subject to judicial review
in accordance with the
Administrative Review Law.
(Source: P.A. 82-783.)
215 ILCS 5/528
(215 ILCS 5/528)
(from Ch. 73, par. 1065.75)
There is no liability on the part of, and no cause of action against
insurers, the Inspection Bureau, the Facility, the Association, the
Governing Committee, their agents or employees, or the Director or his
authorized representatives, with respect to any inspections required to be
undertaken by this Article or for any acts or omissions in connection
therewith, or for any statements made in any report and communication
concerning the insurability of the property, or in the findings required by
the provisions of this Article, or at the hearings conducted in connection
with such inspections. The reports and communications of the Inspection
Bureau, the Facility, the Association, and the records of the Governing
Committee are not considered public documents.
(Source: Laws 1968, p. 15.)
215 ILCS 5/529
(215 ILCS 5/529)
(from Ch. 73, par. 1065.76)
Illinois Insurance Development Fund.
(a) A trust fund is created to be known as the "Illinois Insurance
Development Fund" to be administered by the State Treasurer as a special
trust fund. The purpose is to provide financial back-up for the Facility
and the Association in order to enable companies to qualify for riot and
civil disorder reinsurance under the National Insurance Development
Corporation Act of 1968 or any other act of the United States which will
similarly provide reinsurance or financial back-up to accomplish the
purpose of this Article.
(b) The Fund shall consist of all payments made to the Fund by companies
in accordance with the provisions of this Article, any securities acquired
by and through use of monies belonging to the Fund, any monies appropriated
to the Fund, and any interest and accretions earned on assets of the Fund.
The State Treasurer shall have the same power to enforce the collection of
the assessments provided hereunder as any other obligation due the State.
(Source: P.A. 76-714.)