(215 ILCS 5/500-107)
(Section scheduled to be repealed on January 1, 2027)
Sec. 500-107.
Self-service storage facility limited line license for
self-storage
facilities.
(a) Except as permitted by
subsection (j) of this Section, a
self-service storage facility must obtain a producer license or obtain
a
self-service storage facility limited line license before offering or selling
insurance in
connection with and incidental to the rental of storage space provided by a
self-service
storage facility. The sale of insurance may occur at the rental office or by
preselection of
coverage in a master, corporate, group rental, or individual agreement. The
following
general categories of coverage may be offered or sold:
(1) insurance that provides hazard insurance coverage |
| to renters for the loss of, or damage to, tangible personal property in storage or in transit during the rental period; or
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(2) any other coverage the Director may approve as
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| meaningful and appropriate in connection with the rental of storage space.
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(b) Insurance may not be offered by a self-service storage limited line
producer
pursuant to this Section unless:
(1) the self-service storage facility has applied for
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| and obtained a self-service storage facility limited line license;
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(2) at every rental location where rental agreements
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| are executed, brochures or other written materials are readily available to the prospective renter that:
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(A) summarize clearly and correctly the material
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| terms of coverage offered to renters, including the identity of the insurer;
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(B) disclose that the coverage offered by the
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| self-service storage facility may provide a duplication of coverage already provided by the renter's personal homeowner's insurance policy, automobile insurance policy, personal liability insurance policy, or other source of coverage;
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(C) state that the purchase by the renter of the
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| kinds of coverage specified in this Section is not required in order to rent storage space; and
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(D) describe the process for filing a claim in
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| the event the consumer elects to purchase coverage and in the event of a claim; and
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(3) evidence of coverage is provided to each renter
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| who elects to purchase the coverage.
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(c) A self-service storage facility limited line license issued under this
Section
shall also authorize any employee of the self-service storage facility limited
line licensee
to act individually on behalf and under the supervision of the self-service
storage facility
limited line licensee with respect to the kinds of coverage specified in this
Section.
(d) A self-service storage facility licensed pursuant to this Section must
conduct a
training program in which employees being trained shall receive basic
instruction about
the kinds of coverage specified in this Section and offered for purchase by
prospective
renters of storage space.
(e) Notwithstanding any other provision of this Section or any rule adopted
by the
Director, a self-service storage facility limited line producer pursuant to
this Section is
not required to treat moneys collected from renters purchasing insurance when
renting
storage space as funds received in a fiduciary capacity, provided that the
charges for
coverage shall be itemized and ancillary to a rental transaction.
(f) The sale of insurance not in conjunction with a rental transaction shall
not be
permitted.
(g) A self-service storage facility limited line producer under this Section
may not
advertise, represent, or otherwise hold itself or any of its employees out as
licensed
insurers, insurance producers, insurance agents, or insurance brokers.
(h) Direct commissions may not be paid to self-service storage facility
employees
by the insurer or the customer purchasing insurance products. The self-service
storage
facility may include insurance products in an overall employee performance
compensation incentive program.
(i) An application for a self-service storage facility limited line license
must be
made on a form specified by the Director.
(j) Nothing contained in this Section
shall prohibit an unlicensed person from enrolling, issuing, or otherwise
distributing certificates
of insurance under a group master policy lawfully issued in this or another
state when:
(1) the enrollment or distribution is by an employee
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| of the group master policyholder;
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(2) no commission is paid for such enrollment or
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(3) the distribution is incidental and ancillary to
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| the primary rental business of the group master policyholder; and
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(4) the group master policy is sold to the group
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| master policyholder by a licensed producer.
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(k) Nothing in this Section applies to or affects common carriers regulated
by
the Illinois Commerce Commission.
(Source: P.A. 93-288, eff. 1-1-04 .)
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