093_SB0318

 
                                     LRB093 02126 JLS 02133 b

 1        AN ACT concerning insurance.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Insurance  Code  is  amended  by
 5    changing Section 445 as follows:

 6        (215 ILCS 5/445) (from Ch. 73, par. 1057)
 7        Sec. 445.  Surplus line.
 8        (1)  Surplus   line   defined;   surplus   line   insurer
 9    requirements.  "Surplus line insurance" means is insurance on
10    an Illinois risk of the kinds specified in Classes 2 and 3 of
11    Section  4 of this Code procured from an unauthorized insurer
12    or a domestic surplus line insurer as defined in Section 445a
13    after the insurance producer representing the insured or  the
14    surplus  line  producer  is unable, after diligent effort, to
15    procure said insurance from  authorized  insurers  which  are
16    authorized  to  transact  business  in  this State other than
17    domestic surplus line insurers as defined in Section 445a.
18        "Authorized  insurer"  means  an  insurer  that  holds  a
19    certificate of authority issued by the Director, other than a
20    domestic surplus line insurer as defined in Section 445a, and
21    does not include any residual market mechanism.
22        "Residual  market  mechanism"   means   an   association,
23    organization,  or other entity described in Article XXXIII of
24    this Code or Section 7-501 of the Illinois  Vehicle  Code  or
25    any similar association, organization, or other entity.
26        "Unauthorized  insurer"  means  an  insurer that does not
27    hold a valid certificate of authority issued by the  Director
28    but,  for  the purposes of this Section, shall also include a
29    domestic surplus line insurer as defined in Section 445a.
30        Insurance producers may procure  surplus  line  insurance
31    only  if  licensed  as  a  surplus  line  producer under this
 
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 1    Section  and  may  procure  that  insurance  only   from   an
 2    unauthorized  insurer or from a domestic surplus line insurer
 3    as defined in Section 445a:
 4             (a)  that based upon information  available  to  the
 5        surplus  line producer has a policyholders surplus of not
 6        less  than  $15,000,000  determined  in  accordance  with
 7        accounting  rules  that  are  applicable  to   authorized
 8        insurers; and
 9             (b)  that  has  standards of solvency and management
10        that are adequate for the  protection  of  policyholders;
11        and
12             (c)  where an unauthorized insurer does not meet the
13        standards  set forth in (a) and (b) above, a surplus line
14        producer may, if necessary, procure insurance  from  that
15        insurer  only  if  prior  written warning of such fact or
16        condition is  given  to  the  insured  by  the  insurance
17        producer or surplus line producer.
18        (2)  Surplus   line   producer;  license.   Any  licensed
19    producer who is a resident of this State, or any  nonresident
20    who  qualifies  under  Section  500-40,  may be licensed as a
21    surplus line producer upon:
22             (a)  completing a prelicensing course of study.  The
23        course provided for by this Section  shall  be  conducted
24        under  rules  and regulations prescribed by the Director.
25        The Director  may  administer  the  course  or  may  make
26        arrangements,   including  contracting  with  an  outside
27        educational service, for  administering  the  course  and
28        collecting  the  non-refundable  application fee provided
29        for in this subsection.   Any  charges  assessed  by  the
30        Director or the educational service for administering the
31        course   shall   be   paid  directly  by  the  individual
32        applicants.  Each applicant required to take  the  course
33        shall  enclose  with the application a non-refundable $10
34        application fee payable to the Director plus  a  separate
 
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 1        course  administration  fee.    An applicant who fails to
 2        appear for the course as scheduled, or appears but  fails
 3        to  complete  the  course,  shall  not be entitled to any
 4        refund, and shall be required to submit a new request  to
 5        attend  the  course  together with all the requisite fees
 6        before being rescheduled for another course  at  a  later
 7        date; and
 8             (b)  payment of an annual license fee of $200; and
 9             (c)  procurement  of  the  surety  bond  required in
10        subsection (4) of this Section.
11        A surplus line producer so licensed shall keep a separate
12    account of the business transacted thereunder which shall  be
13    open  at  all  times to the inspection of the Director or his
14    representative.
15        The prelicensing course of study requirement in (a) above
16    shall not apply to  insurance  producers  who  were  licensed
17    under  the  Illinois surplus line law on or before January 1,
18    2002 the effective date of this amendatory Act  of  the  92nd
19    General Assembly.
20        (3)  Taxes and reports.
21             (a)  Surplus line tax and penalty for late payment.
22             A surplus line producer shall file with the Director
23        on  or  before  February  1  and  August 1 of each year a
24        report in the form prescribed  by  the  Director  on  all
25        surplus   line   insurance   procured  from  unauthorized
26        insurers during  the  preceding  6  month  period  ending
27        December 31 or June 30 respectively, and on the filing of
28        such  report  shall  pay  to the Director for the use and
29        benefit of the State a sum  equal  to  3%  of  the  gross
30        premiums  less  returned  premiums  upon all surplus line
31        insurance procured or cancelled during  the  preceding  6
32        months.
33             Any  surplus line producer who fails to pay the full
34        amount due under this subsection is liable,  in  addition
 
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 1        to  the amount due, for such penalty and interest charges
 2        as are provided for under Section 412 of this Code.   The
 3        Director,  through the Attorney General, may institute an
 4        action in  the  name  of  the  People  of  the  State  of
 5        Illinois, in any court of competent jurisdiction, for the
 6        recovery  of  the amount of such taxes and penalties due,
 7        and prosecute the same to final judgment, and  take  such
 8        steps as are necessary to collect the same.
 9             (b)  Fire Marshal Tax.
10             Each  surplus  line  producer  shall  file  with the
11        Director on or before March 31 of each year a  report  in
12        the form prescribed by the Director on all fire insurance
13        procured  from unauthorized insurers subject to tax under
14        Section 12 of the Fire Investigation Act and shall pay to
15        the Director the fire marshal tax required thereunder.
16             (c)  Taxes and fees charged to insured.   The  taxes
17        imposed under this subsection and the countersigning fees
18        charged  by  the Surplus Line Association of Illinois may
19        be charged to and collected from surplus line insureds.
20        (4)  Bond.  Each surplus line producer, as a condition to
21    receiving a surplus line producer's  license,  shall  execute
22    and  deliver  to  the Director a surety bond to the People of
23    the State in the penal sum of $20,000, with a surety which is
24    authorized to transact business in  this  State,  conditioned
25    that  the  surplus line producer will pay to the Director the
26    tax, interest and penalties levied under  subsection  (3)  of
27    this Section.
28        (5)  Submission  of documents to Surplus Line Association
29    of Illinois. A  surplus  line  producer  shall  submit  every
30    insurance  contract  issued  under  his or her license to the
31    Surplus  Line  Association  of  Illinois  for  recording  and
32    countersignature.  The submission and countersignature may be
33    effected through electronic means.  The submission shall  set
34    forth:
 
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 1             (a)  the name of the insured;
 2             (b)  the  description  and  location  of the insured
 3        property or risk;
 4             (c)  the amount insured;
 5             (d)  the gross premiums charged or returned;
 6             (e)  the  name  of  the  unauthorized   insurer   or
 7        domestic  surplus line insurer as defined in Section 445a
 8        from whom coverage has been procured;
 9             (f)  the kind or kinds of insurance procured; and
10             (g)  amount of premium subject to  tax  required  by
11        Section 12 of the Fire Investigation Act.
12             Proposals,  endorsements,  and other documents which
13        are incidental to the insurance but which do  not  affect
14        the   premium   charged  are  exempted  from  filing  and
15        countersignature.
16             The submission of insuring contracts to the  Surplus
17        Line  Association of Illinois constitutes a certification
18        by the surplus line producer or by the insurance producer
19        who presented the risk to the surplus line  producer  for
20        placement  as  a  surplus  line  risk that after diligent
21        effort the required insurance could not be procured  from
22        authorized  insurers  which  are  authorized  to transact
23        business in this State other than domestic  surplus  line
24        insurers  as  defined  in  Section  445a  and  that  such
25        procurement  was otherwise in accordance with the surplus
26        line law.
27        (6)  Countersignature required.  It shall be unlawful for
28    an insurance producer to  deliver  any  unauthorized  insurer
29    contract  or  domestic  surplus  line insurer contract unless
30    such insurance contract is countersigned by the Surplus  Line
31    Association of Illinois.
32        (7)  Inspection  of  records.   A  surplus  line producer
33    shall maintain separate records of  the  business  transacted
34    under  his  or  her  license,  including  complete  copies of
 
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 1    surplus line insurance contracts maintained on  paper  or  by
 2    electronic  means,  which  records shall be open at all times
 3    for inspection by  the  Director  and  by  the  Surplus  Line
 4    Association of Illinois.
 5        (8)  Violations  and penalties.  The Director may suspend
 6    or revoke or refuse to renew a surplus line producer  license
 7    for  any violation of this Code. In addition to or in lieu of
 8    suspension or revocation, the Director may subject a  surplus
 9    line  producer  to  a  civil penalty of up to $1,000 for each
10    cause  for  suspension  or  revocation.   Such   penalty   is
11    enforceable  under  subsection  (5)  of  Section 403A of this
12    Code.
13        (9)  Director may declare  insurer  ineligible.   If  the
14    Director  determines  that  the  further  assumption of risks
15    might be hazardous to the policyholders  of  an  unauthorized
16    insurer,  the Director may order the Surplus Line Association
17    of Illinois not to countersign insurance contracts evidencing
18    insurance in such insurer and order surplus line producers to
19    cease procuring insurance from such insurer.
20        (10)  Service  of  process  upon   Director.    Insurance
21    contracts  delivered  under  this  Section  from unauthorized
22    insurers,  other  than  domestic  surplus  line  insurers  as
23    defined  in  Section  445a,   shall   contain   a   provision
24    designating  the  Director  and  his successors in office the
25    true and lawful attorney of the  insurer  upon  whom  may  be
26    served  all  lawful process in any action, suit or proceeding
27    arising out of such insurance. Service of process  made  upon
28    the Director to be valid hereunder must state the name of the
29    insured,  the  name  of the unauthorized insurer and identify
30    the contract of insurance.  The Director  at  his  option  is
31    authorized  to  forward  a copy of the process to the Surplus
32    Line Association of Illinois for delivery to the unauthorized
33    insurer or the  Director  may  deliver  the  process  to  the
34    unauthorized  insurer by other means which he considers to be
 
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 1    reasonably prompt and certain.
 2        (11)  The Illinois Surplus Line law  does  not  apply  to
 3    insurance of property and operations of railroads or aircraft
 4    engaged  in  interstate  or  foreign  commerce,  insurance of
 5    vessels, crafts or hulls, cargoes,  marine  builder's  risks,
 6    marine  protection  and  indemnity,  or other risks including
 7    strikes and war risks insured under ocean or wet marine forms
 8    of policies.
 9        (12)  Surplus line insurance procured under this Section,
10    including insurance procured from  a  domestic  surplus  line
11    insurer,  is  not  subject  to the provisions of the Illinois
12    Insurance Code other than Sections 123,  123.1,  401,  401.1,
13    402,  403,  403A,  408, 412, 445, 445.1, 445.2, 445.3, 445.4,
14    and all of the provisions of Article XXXI to the extent  that
15    the  provisions of Article XXXI are not inconsistent with the
16    terms of this Act.
17    (Source: P.A. 92-386, eff. 1-1-02.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.