(215 ILCS 5/500-115)
(Section scheduled to be repealed on January 1, 2027)
Sec. 500-115.
Financial responsibilities.
(a) Any money that an insurance producer, limited line producer, temporary
insurance producer, business entity, or surplus line producer receives for
soliciting, negotiating,
effecting, procuring, renewing,
continuing, or binding policies of insurance shall be held in a
fiduciary capacity and shall not
be misappropriated, converted, or improperly withheld. An
insurance company that delivers to
any insurance producer in this State a policy or contract for
insurance pursuant to the application
or request of an insurance producer, authorizes the producer
to collect or receive on its behalf payment
of any premium that is due on the policy or contract for
insurance at the time of its issuance or delivery and any premium that becomes
due on the policy
or contract not more than 90 days thereafter.
(b) An insurer that issues a policy of insurance shall be deemed to have
received
payment of the premium
if the insured paid any insurance producer requesting the coverage. The
insurer shall be responsible
to the insured for any return premium.
(c) In the case of open
accounts receivable with the balance payable to an insurance
producer within a specified
period of 90 days or less, where the balance is not fully paid within
that period, a late charge
not exceeding 1.5% per month may be added by the insurance producer
to the unpaid balance to induce
payment of the premium.
(d) If an insurance producer or surplus line producer knowingly
misappropriates or converts to his or her own use or illegally withholds
fiduciary moneys in the amount of $150 or less, he or she is guilty of a Class
A misdemeanor for a first offense and a Class 4 felony for subsequent
conversions, misappropriations, and withholdings of that nature. If an
insurance producer or surplus line producer knowingly misappropriates or
converts to his or her own use or illegally withholds premiums in excess of
$150, he or she is guilty of a Class 3 felony.
(Source: P.A. 92-386, eff. 1-1-02 .)
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