Illinois Compiled Statutes
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215 ILCS 5/459
(215 ILCS 5/459)
(from Ch. 73, par. 1065.6)
(1) A corporation, an unincorporated association, a partnership or an
individual, whether located within or outside this state, may make
application to the Director for license as a rating organization for such
kinds of insurance or subdivisions thereof as are specified in its
application and shall file therewith (a) a copy of its constitution, its
articles of agreement or association or its certificate of incorporation,
and of its bylaws, rules and regulations governing the conduct of its
business, (b) a list of its members and subscribers, (c) the name and
address of a resident of this state upon whom notices or orders of the
Director or process affecting such rating organization may be served and
(d) a statement of its qualifications as a rating organization. If the
Director finds that the applicant is competent, trustworthy and otherwise
qualified to act as a rating organization and that its constitution,
articles of agreement or association or certificate of incorporation, and
its bylaws, rules and regulations governing the conduct of its business
conform to the requirements of law, he shall issue a license specifying the
kinds of insurance or subdivisions thereof for which the applicant is
authorized to act as a rating organization. Every such application shall be
granted or denied in whole or in part by the Director within sixty days of
the date of its filing with him. Licenses issued pursuant to this Section
shall remain in effect for three years unless sooner suspended or revoked
by the Director. The fee for said license shall be twenty-five dollars.
Licenses issued pursuant to this Section may be suspended or revoked by the
Director, after hearing upon notice, in the event the rating organization
ceases to meet the requirements of this subsection. Every rating
organization shall notify the Director promptly of every change in (a) its
constitution, its articles of agreement or association or its certificate
of incorporation, and its bylaws, rules and regulations governing the
conduct of its business, (b) its list of members and subscribers and (c)
the name and address of the resident of this state designated by it upon
whom notices or orders of the Director or process affecting such rating
organization may be served.
(2) Subject to rules and regulations which have been approved by the
Director as reasonable, each rating organization shall permit any company,
not a member, to be a subscriber to its rating services for any kind of
insurance or subdivision thereof for which it is authorized to act as a
rating organization. Notice of proposed changes in such rules and
regulations shall be given to subscribers. Each rating organization shall
furnish its rating services without discrimination to its members and
subscribers. The reasonableness of any rule or regulation in its
application to subscribers, or the refusal of any rating organization to
admit a company as a subscriber, shall, at the request of any subscriber or
any such company, be reviewed by the Director at a hearing held upon at
least ten days' written notice to such rating organization and to such
subscriber or company. If the Director finds that such rule or regulation
is unreasonable in its application to subscribers, he shall order that such
rule or regulation shall not be applicable to subscribers. If the rating
organization fails to grant or reject a company's application for
subscribership within thirty days after it was made, the company may
request a review by the Director as if the application had been rejected.
If the Director finds that the company has been refused admittance to the
rating organization as a subscriber without justification, he shall order
the rating organization to admit the company as a subscriber. If he finds
that the action of the rating organization was justified, he shall make an
order affirming its action.
(3) No rating organization shall adopt any rule the effect of which
would be to prohibit or regulate the payment of dividends, savings or
unabsorbed premium deposits allowed or returned by companies to their
policyholders, members or subscribers.
(4) Cooperation among rating organizations or among rating organizations
and companies in matters within the scope of this
Article is hereby authorized, provided the filings resulting from such
cooperation are subject to all the provisions of this Article which are
applicable to filings generally. The Director may review such cooperative
activities and practices and if, after a hearing, he finds that any such
activity or practice is unfair or unreasonable or otherwise inconsistent
with the provisions of this Article, he may issue a written order
specifying in what respects such activity or practice is unfair or
unreasonable or otherwise inconsistent with the provisions of this Article,
and requiring the discontinuance of such activity or practice.
(5) A rating organization may require members and subscribers to adhere
to a rate classification system, rating rules, rating plans, policy forms,
and underwriting rules or similar materials; however, no insurer may agree
with any other insurer or with a rating organization to adhere to or use
any rate or schedule rating plan. For the purposes of this Article, "rate"
means the charge for insurance per unit of exposure, prior to any application
of individual risk variations based on loss or expense considerations, or
a consideration of both, and does not include minimum premiums.
(6) Two or more insurers having a common ownership or operating in this
State under common management or control may act in concert between or among
themselves with respect to those activities authorized in this Article as
if they were a single insurer.
(7) The fact that 2 or more insurers consistently or intermittently
use the same rates is not sufficient in itself to support a finding that
an illegal agreement exists, and may be used only for the purpose of supplementing
or explaining other direct evidence of the existence of any such agreement.
(Source: P.A. 82-939.)