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(215 ILCS 5/155.18)
(from Ch. 73, par. 767.18)
(a) This Section shall apply to insurance on risks based
upon negligence by a physician, hospital or other health care provider,
referred to herein as medical liability insurance. This Section shall not
apply to contracts of reinsurance, nor to any farm, county, district or
township mutual insurance company transacting business under an Act entitled
"An Act relating to local mutual district, county and township insurance
companies", approved March 13, 1936, as now or hereafter amended, nor to
any such company operating under a special charter.
(b) The following standards shall apply to the making and use of rates
pertaining to all classes of medical liability insurance:
(1) Rates shall not be excessive or inadequate, as
herein defined, nor shall they be unfairly discriminatory. No rate shall be held to be excessive unless such rate is unreasonably high for the insurance provided, and a reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable.
No rate shall be held inadequate unless it is
unreasonably low for the insurance provided and continued use of it would endanger solvency of the company.
(2) Consideration shall be given, to the extent
applicable, to past and prospective loss experience within and outside this State, to a reasonable margin for underwriting profit and contingencies, to past and prospective expenses both countrywide and those especially applicable to this State, and to all other factors, including judgment factors, deemed relevant within and outside this State.
Consideration may also be given in the making and use
of rates to dividends, savings or unabsorbed premium deposits allowed or returned by companies to their policyholders, members or subscribers.
(3) The systems of expense provisions included in the
rates for use by any company or group of companies may differ from those of other companies or groups of companies to reflect the operating methods of any such company or group with respect to any kind of insurance, or with respect to any subdivision or combination thereof.
(4) Risks may be grouped by classifications for the
establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any difference among risks that have a probable effect upon losses or expenses. Such classifications or modifications of classifications of risks may be established based upon size, expense, management, individual experience, location or dispersion of hazard, or any other reasonable considerations and shall apply to all risks under the same or substantially the same circumstances or conditions. The rate for an established classification should be related generally to the anticipated loss and expense factors of the class.
(c) Every company writing medical liability insurance shall file with
Director of Insurance the rates and rating schedules it uses for medical
(1) This filing shall occur at least annually and
as often as the rates are changed or amended.
(2) For the purposes of this Section any change in
premium to the company's insureds as a result of a change in the company's base rates or a change in its increased limits factors shall constitute a change in rates and shall require a filing with the Director.
(3) It shall be certified in such filing by an officer of the company
and a qualified actuary that the company's rates
are based on sound actuarial
principles and are not inconsistent with the company's experience.
(d) If after
a hearing the
(1) that any rate, rating plan or rating system
violates the provisions of this Section applicable to it, he may issue an order to the company which has been the subject of the hearing specifying in what respects such violation exists and stating when, within a reasonable period of time, the further use of such rate or rating system by such company in contracts of insurance made thereafter shall be prohibited;
(2) that the violation of any of the provisions of
this Section applicable to it by any company which has been the subject of hearing was wilful, he may suspend or revoke, in whole or in part, the certificate of authority of such company with respect to the class of insurance which has been the subject of the hearing.
(Source: P.A. 103-426, eff. 8-4-23.)