| |
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 5/540
(215 ILCS 5/540) (from Ch. 73, par. 1065.90)
Sec. 540.
The plan of operation shall do the following as enumerated in Sections
540.1 through 540.9.
(Source: P.A. 77-305 .)
|
215 ILCS 5/540.1
(215 ILCS 5/540.1) (from Ch. 73, par. 1065.90-1)
Sec. 540.1.
The plan of operation shall establish the procedures whereby all the
powers and duties of the Fund under Sections 537.1 through 537.9 will be
performed.
(Source: P.A. 82-210 .)
|
215 ILCS 5/540.2
(215 ILCS 5/540.2) (from Ch. 73, par. 1065.90-2)
Sec. 540.2.
The plan of operation shall establish procedures for handling
assets of the Fund.
(Source: P.A. 77-305.)
|
215 ILCS 5/540.3
(215 ILCS 5/540.3) (from Ch. 73, par. 1065.90-3)
Sec. 540.3.
The plan of operation shall establish the amount and method of
reimbursing members of the board of directors under subsection (c) of Section 536.
(Source: P.A. 82-210.)
|
215 ILCS 5/540.5
(215 ILCS 5/540.5) (from Ch. 73, par. 1065.90-5)
Sec. 540.5.
(a) A covered claim, for other than unearned premium, is a claim
which appears on the books and records of the insolvent company as of the
date of the Order of Liquidation or a claim for which notice is given
in writing to the liquidator of the insolvent company's domiciliary state
or to an ancillary receiver in this State, if any, or to the Fund or its
agents prior to the earlier of the last date fixed for the timely
filing of proofs of claim
in the domiciliary liquidation proceedings or 18 months after the entry
of the order of liquidation. The liquidator or ancillary
receiver in this State, if any, shall periodically submit a list of claims
to the Fund or similar organization in another state.
(b) The Fund shall establish procedures by which
unearned premium claims are to be determined and paid as covered claims.
(Source: P.A. 85-576.)
|
215 ILCS 5/540.6
(215 ILCS 5/540.6) (from Ch. 73, par. 1065.90-6)
Sec. 540.6.
The plan of operation shall provide that any member company aggrieved by
any final action or decision of the Fund may appeal to the Director within
30 days after the action or decision.
(Source: P.A. 77-305.)
|
215 ILCS 5/540.7
(215 ILCS 5/540.7) (from Ch. 73, par. 1065.90-7)
Sec. 540.7.
The plan of operation shall establish the procedures whereby selections
for the board of directors will be submitted to the Director.
(Source: P.A. 77-305.)
|
215 ILCS 5/540.8
(215 ILCS 5/540.8) (from Ch. 73, par. 1065.90-8)
Sec. 540.8.
The plan of operation shall establish the procedures for
disposition of monies reimbursed from the estate of the insolvent company.
(Source: P.A. 85-576.)
|
215 ILCS 5/540.9
(215 ILCS 5/540.9) (from Ch. 73, par. 1065.90-9)
Sec. 540.9.
The plan of operation may contain additional provisions necessary or
proper for the execution of the powers, duties and obligations of the Fund.
(Source: P.A. 77-305 .)
|
215 ILCS 5/541
(215 ILCS 5/541) (from Ch. 73, par. 1065.91)
Sec. 541.
The plan of operation may provide that any or all powers and duties
of the Fund, except those under Sections 537.6 and 538.3 may be
delegated to a corporation, association, or other organization which
performs or will perform functions similar to those of this Fund, or its
equivalent, in 2 or more states.
A delegation under this Section shall take effect only with
the approval of both the board of directors and the Director, and may be
made only to a corporation, association, or organization which extends
protection not substantially less favorable and effective than that
provided by this Article.
(Source: P.A. 80-827.)
|
215 ILCS 5/543
(215 ILCS 5/543) (from Ch. 73, par. 1065.93)
Sec. 543.
Duties
and obligations of the Director.
The Director shall have the duties and obligations enumerated in
Sections 543.1 through 543.3.
(Source: P.A. 77-305.)
|
215 ILCS 5/543.1
(215 ILCS 5/543.1) (from Ch. 73, par. 1065.93-1)
Sec. 543.1.
The Director shall serve a copy of the complaint seeking an
Order of Liquidation with a finding of insolvency against a domestic member
company on the Fund at the same time that such complaint is filed with the circuit court
or shall forward to the Fund notice of the filing of such a complaint
against a foreign or alien member company promptly upon receipt thereof.
The Director also shall serve on the Fund a copy of an Order of
Liquidation with a finding of insolvency against a domestic member company
immediately after it is entered by the circuit court or shall forward to
the Fund a copy of such order against a foreign or alien member company
promptly upon receipt thereof.
(Source: P.A. 85-576.)
|
215 ILCS 5/543.2
(215 ILCS 5/543.2) (from Ch. 73, par. 1065.93-2)
Sec. 543.2.
The Director shall, upon request of the board of directors, provide the
Fund with a statement of the net direct written premiums of each member
company for the preceding calendar year for which annual statements have
been filed with the Director.
(Source: P.A. 77-305.)
|
215 ILCS 5/543.3
(215 ILCS 5/543.3) (from Ch. 73, par. 1065.93-3)
Sec. 543.3.
The liquidator of an insolvent company shall notify the
policyholders of the insolvent company who are residents
of this State of the entry of an Order of Liquidation against the company
and of their rights under this
Article. Such notification shall be mailed to the last known
address of such policyholders,
where available, but if sufficient information for notification by mail is
not available, notice by publication in a newspaper of general circulation
shall be sufficient. If the insolvent company is domiciled in another
state and the liquidator fails to give notice which satisfies the purposes
of this Section, such notice shall be given by the Director as ancillary
receiver or if the insolvent company is domiciled in another state and there
is no ancillary receiver in this State, the Fund shall give such notice
provided the necessary information is made available to the Fund by the liquidator.
The form of the notice given by the Director as either liquidator or ancillary
receiver shall be submitted to the Fund for its approval prior to mailing
or publication.
(Source: P.A. 85-576.)
|
|
|
|