(215 ILCS 5/141.4)
Sec. 141.4.
Disclosure of material transactions.
(a) An insurer domiciled in this State shall file a report with the Director
disclosing material acquisitions and dispositions of assets or material
nonrenewals, cancellations, or revisions of ceded reinsurance agreements unless
the acquisitions and dispositions of assets or the material nonrenewals,
cancellations, or revisions of ceded reinsurance agreements have been otherwise
submitted to the Director for review, approval, or information purposes. The
report must be filed no later than 15 days after the end of the calendar month
in which a reportable transaction occurs. A copy of the report, including any
exhibits or other attachments filed as a part of the report, shall be filed
with the National Association of Insurance Commissioners. All reports
obtained by or disclosed to the Director under this Section shall be given
confidential treatment and shall not be subject to subpoena and shall not be
made public by the Director, the National Association of Insurance
Commissioners, or any other person, except to insurance departments of other
states, without the prior written consent of the insurer to which it pertains
unless the Director, after giving the insurer who would be affected notice and
an opportunity to be heard,
determines that the interests of policyholders, shareholders, or the public
will be served by publication, in which event the Director may publish all or
any part in the manner the Director may deem appropriate.
(b) Asset acquisitions or dispositions that are not material do not have to
be reported under this Section. For purposes of this Section, a material
acquisition (or the aggregate of any series of related acquisitions during any
30 day
period) or disposition (or the aggregate of any series
of related dispositions during any 30 day period) is one that is nonrecurring
and not in the ordinary course of business and involves
more than 5% of
the reporting insurer's total admitted assets as reported in its most recent
statutory financial statement filed with the Director. Asset acquisitions
subject to this Section include, but are not limited to,
every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition other than the construction or
development of real property by or for the reporting insurer or the acquisition
of materials for that purpose. Asset dispositions subject to this Section
include, but are not limited to,
every sale, lease, exchange, merger, consolidation, mortgage,
hypothecation, assignment (whether for the benefit of creditors or otherwise),
abandonment, destruction, or other disposition. All of the following
information shall be disclosed in the report of a material acquisition or
disposition of assets:
(1) Date of the transaction.
(2) Manner of acquisition or disposition.
(3) Description of the assets involved.
(4) Nature and amount of the consideration received |
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(5) Purpose of, or reason for, the transaction.
(6) Manner by which the amount of consideration was
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(7) Gain or loss recognized or realized as a result
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(8) Name of the person from whom the assets were
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| acquired or to whom they were disposed.
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Insurers shall report acquisitions and dispositions on a nonconsolidated
basis
unless the insurer is part of a consolidated group of insurers that utilizes a
pooling arrangement or a 100% reinsurance
agreement that affects the solvency and integrity of the insurer's reserves
and the insurer ceded substantially all of its direct and assumed business to
the
pool. An insurer is deemed to have
ceded substantially all of its direct and assumed business to a pool if the
insurer has less than $1,000,000 total direct plus assumed written premiums
during a calendar year that are not subject to a pooling
arrangement and the net income of the business not subject to the pooling
arrangement represents less than 5% of the insurer's capital and
surplus.
(c) Ceded reinsurance agreement nonrenewals, cancellations, or revisions
that are not material do not have to be reported under this Section. For
purposes of this Section, a material nonrenewal, cancellation, or revision is
one that affects:
(1) For property and casualty business, including
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| accident and health business written by a property and casualty insurer:
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(A) more than 50% of the insurer's total ceded
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(B) more than 50% of the insurer's total ceded
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| indemnity and loss adjustment reserves.
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(2) For life, annuity, and accident and health
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| business: more than 50% of the total reserve credit taken for business ceded, on an annual basis, as indicated in the insurer's most recent annual statement.
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(3) Property and casualty or life, annuity, and
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| accident and health business:
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(A) an authorized reinsurer representing more
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| than 10% of total cession is replaced by one or more unauthorized reinsurers; or
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(B) previously established collateral
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| requirements have been reduced or waived as respects one or more unauthorized reinsurer representing collectively more than 10% of a total cession.
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With respect to property and casualty business, including accident and health
business written by a property and casualty insurer, no filing shall be
required if the insurer's total ceded written premium represents, on an
annualized basis, less than 10% of its total written premium for direct and
assumed business. With respect to life, annuity, and accident and health
business, no filing shall be required if the total reserve credit taken for
business ceded represents, on an annualized basis, less than 10% of the
statutory reserve requirement prior to any cession.
All of the following information shall be disclosed in the report of a
material nonrenewal, cancellation, or revision of ceded reinsurance agreements:
(1) Effective date of the nonrenewal, cancellation or
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(2) The description of the transaction with an
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| identification of the initiator thereof.
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(3) Purpose of, or reason for, the transaction.
(4) The identity of the replacement insurers, if
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Insurers shall report all material nonrenewals, cancellations, or revisions
of ceded reinsurance agreements on a nonconsolidated basis unless the insurer
is
part of a
consolidated group of insurers that utilizes a pooling arrangement or 100%
reinsurance agreement that affects the solvency and integrity of the
insurer's reserves and the insurer ceded substantially all of its direct and
assumed business to the pool. An insurer is deemed to have ceded substantially
all
of its direct and
assumed business to a pool if the insurer has less than $1,000,000 of total
direct plus assumed written premiums during a calendar year that are not
subject to the pooling arrangement and the net income of the
business not subject to the pooling arrangement represents less
than 5% of the insurer's capital and surplus.
(Source: P.A. 89-97, eff. 7-7-95.)
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