1. Class 3, Clause (d)

50 IL Adm. Code 754

NAIC Uniform Transmittal Form

Self-Certification form

If an authorized company officer completes the Self-Certification form, and submits such form with the filing, the Division will expedite review of the filing ahead of all other filings received to date.

The Division will track company compliance with the laws, regulations, bulletins, and this checklist and report such information to the NAIC.

"Me too" filings are not allowed.

If insurers wish to use the NAIC Uniform Transmittal form, the Division will accept such form, as long as the information required in Rule 753 is included.

1) the name of the advisory organization or company making the filing.
2) title, form number, and edition identification of the forms.
3) information as to what Class and Clause coverage is written under.
4) identification of all applicable endorsements and applications as to the policy forms for which the endorsements and applications are used.
5) notification as to whether the filing is new or supersedes a present filing.  Identification of all changes in all superseding filings as well as identification of all superseded forms is required.

6) effective date of use.

Companies under the same ownership or general management are required to make separate individual company filings. Company Group ("Me too") filings are unacceptable.

If insurers wish to use the NAIC Uniform Transmittal form, the Division will accept such form, as long as the information required in Rule 753 is included.

Companies must assign a filing number which may be alpha, numeric, or both, but may not exceed 15 characters.

Each filing number must be unique within a company and may not be repeated on subsequent filings.

Please refer to Company Bulletin 88-53 for specific information and guidance.

Please refer to Company Bulletin 88-53 for specific information and guidance.

However, such forms must comply with all laws, regulations, bulletins, etc. unless specifically exempted by the law, regulation, bulletin, etc.

215 ILCS 5/121-2.08

Per Section 121-2.08, "industrial insured" is an insured:

a) which procures the insurance of any risk or risks other than life and annuity contracts by use of the services of a full time employee acting as an insurance manager or buyer or the services of a regularly and continuously retained qualified insurance consultant;

b) whose aggregate annual premiums for insurance on all risks, except for life and accident and health insurance, total at least $100,000; and

c) which either (i) has at least 25 full time employees, (ii) has gross assets in excess of $3,000,000, or (iii) has annual gross revenues in excess of $5,000,000.

However, Section 143(2) only exempts such forms from filing with the Director of Insurance. Section 143(2) does not exempt such forms from complying with all other Illinois insurance laws, regulations, bulletins, etc. unless specifically exempted by the law, regulation, bulletin, etc.

Therefore, unless specifically exempted by the law, regulation, bulletin, etc. forms must comply with all laws, regulations, bulletins, etc. and may be checked for compliance via other regulatory processes such as consumer complaints, market conduct exams, etc.

Because Section 143(3) exempts only riders or endorsements, policy forms applying to an individual risk must still be filed. In addition, because Section 143(3) exempts only endorsements applying to an individual risk, if a company uses the same endorsement on more than one risk, such form no longer qualifies for the filing exemption and must be filed.

Insurer may change or delay the effective date of an advisory organization form filing by properly notifying the Division.

Insurer may authorize attorneys, consulting firms, etc. to submit form filings to the Division, as long as the filing includes proper authorization.

Insurer may change or delay the effective date of an advisory organization form filing by notifying the Division. The notice shall include the insurer name, FEIN number, line of insurance, advisory organization name and filing number, and effective date desired.

Insurer may authorize attorneys, consulting firms, etc. to submit form filings to the Division, as long as the filing includes a notice, signed by an authorized company officer, giving authority for the entity to act on the insurer's behalf on any issues related to the filing.

215 ILCS 5/143(2)

The arbitration may be binding on both parties, or non-binding upon the insured, but in all instances must be entered into on a voluntary basis, as the insured must have the option of filing a lawsuit. Any forms that contain provisions to the contrary are deemed to contain exceptions and conditions that unreasonably or deceptively affect the risks that are purported to be assumed by the policy, in violation of Section 143(2) and will be disapproved accordingly.

a) on closed claims, date and description of occurrence, and total amounts of payments;

b) on open claims, date and description of occurrence, total amount of payments and total reserves, if any; and

c) for any occurrence not included in (a) or (b), the date and description of occurrence and total reserves, if any.

Insurer shall provide additional loss information, including specific loss reserves, to the first named insured as soon as possible, but in no event later than 20 days of receipt of named insured's mailed or delivered written request for such information at the request of a prospective insurer.

Insurer shall automatically extend coverage under the existing policy, at the same terms and conditions by the same number of days it takes the insurer to provide the insured with this additional information.

Title 26 U.S.C. Sections 170(b)(1)(A)(i), (ii), and (vi).

Applies to policies issued to an individual, a religious organization described in Section 170(b)(1)(A)(i) of Title 26 of the United States Code, or an educational organization described in Section 170(b)(1)(A)(ii) of Title 26 of the United States Code, or any other nonprofit organization described in Section 170(b)(1)(A)(vi) of Title 26 of the United States Code that is organized and operated for religious, charitable, or educational purposes.

If the increase in the renewal premium is 30% or more, contains a change in deductibles or change in coverage that materially alters the policy, the company must adhere to provisions in Section 143.17a as described below.

A company making an assignment or transfer of a policy among or between insurers as stated above, must deliver to the named insured notice of such assignment or transfer at least 60 days prior to the renewal date. An exact and unaltered copy of the notice shall be sent to the insured's producer, if known, and agent of record.

Illinois Supreme Court Rule 236

The increase in premium shall be the renewal premium based on the known exposure as of the date of the quotation compared to the premium as of the last day of coverage for the current year's policy, annualized. The premium may be subsequently amended to reflect any change in exposure or reinsurance costs not considered in the quotation.

The renewal notice must provide the specific dollar amount of the premium. Renewal notices issued with the wording "your premium increase will be 30% or more" do not comply with the Code.

An exact and unaltered copy of the notice shall be sent to the insured's broker, if known, or the agent of record.

If the insurer fails to provide 60 days notice in advance of the renewal or anniversary date, the company must extend the current policy under the same terms, conditions and premium to allow 60 days notice, and provide the actual renewal premium quotation and any change in coverage or deductible on the policy.

Proof of mailing or proof of receipt may be proven by a sworn affidavit by the insurer as to the usual and customary business practices of mailing notices pursuant to Section143.17a or may be proven consistent with Illinois Supreme Court Rule 236.

Section 143.14 also contains requirements for canceling premium financed insurance contracts and procedures for returning unearned premium. See law for specific details of requirements.

All notices shall include a specific explanation of the reason(s) for cancellation.

215 ILCS 5/143.16a

Insurer must maintain proof of mailing of such notice on a recognized U.S. Post Office form or a form acceptable to the U.S. Post Office or other commercial mail delivery service.

If the insurer fails to mail notice of nonrenewal to the named insured at least 60 days in advance of the nonrenewal date, the insurer must extend the policy for an additional year or until the effective date of any similar insurance procured by the insured, whichever is less, on the same terms and conditions as the policy sought to be terminated, unless the insurer has manifested its intention to renew at a different premium that represents an increase not exceeding 30%.

An exact and unaltered copy shall be sent to the insured's broker if known, or the agent of record, and to the mortgage or lien holder at the last mailing address known by the company.

Nonrenewal notice must provide a specific explanation of the reason(s) for nonrenewal.

50 IL Adm. Code 940

Rule 940 outlines requirements for certification of loss of reinsurance.

Title 26 U.S.C. Sections 170(b)(1)(A)(i), (ii), and (vi).

Applies to policies issued to an individual, a religious organization described in Section 170(b)(1)(A)(i) of Title 26 of the United States Code, or an educational organization described in Section 170(b)(1)(A)(ii) of Title 26 of the United States Code, or any other nonprofit organization described in Section 170(b)(1)(A)(vi) of Title 26 of the United States Code that is organized and operated for religious, charitable, or educational purposes.

However, insurers must give a specific explanation of the reason(s) for nonrenewal.

However, insurers must give a specific explanation of the reason(s) for nonrenewal.

Title 26 U.S.C. Sections 170(b)(1)(A)(i), (ii), and (vi).

Applies to policies issued to an individual, a religious organization described in Section 170(b)(1)(A)(i) of Title 26 of the United States Code, or an educational organization described in Section 170(b)(1)(A)(ii) of Title 26 of the United States Code, or any other nonprofit organization described in Section 170(b)(1)(A)(vi) of Title 26 of the United States Code that is organized and operated for religious, charitable, or educational purposes.

50 IL Adm. Code 931

Rule 931 provides more specific guidance that:

a) such notice shall accompany any newly issued policy or binder;

b) "written notice" shall be satisfied by: any printed notice delivered with a policy or certificate; any adhering label attached to a policy or certificate; any computerized notice issued concurrently with a computer issued policy or certificate; or any other form of individual written notice substantially similar to the above.

The address to be used for the Division of Insurance should be: Illinois Division of Insurance, Consumer Division or Public Services Section, Springfield, IL 62767.

The address to be used for the company shall be an office that can service all types of complaints. If one office cannot service all types of complaints, then the additional addresses of each appropriate service office must be given.

In addition to providing the required addresses, the notification should set forth the minimum amount of information included in the following suggested wording: "This notice is to advise you that should any complaints arise regarding this insurance, you may contact the following."

All forms must be identified by a descriptive title, form number and edition identification.

All forms must be printed in not less than eight-point type.

Title 26 U.S.C. Sections 170(b)(1)(A)(i), (ii), and (vi).

Applies to policies issued to an individual, a religious organization described in Section 170(b)(1)(A)(i) of Title 26 of the United States Code, or an educational organization described in Section 170(b)(1)(A)(ii) of Title 26 of the United States Code, or any other nonprofit organization described in Section 170(b)(1)(A)(vi) of Title 26 of the United States Code that is organized and operated for religious, charitable, or educational purposes.

Terrorism Risk Insurance Program Reauthorization Act of 2007 and Filing Procedures and Requirements for Terrorism-Related Forms, Rules and Rates

Please refer to Company Bulletin 2008-01 for specific information and guidance.

50 IL Adm. Code 2302

Forms are prior approval.

Director has 90 days to disapprove a form (plus a 30-day extension if he notifies the insurer in writing).

Filing is deemed approved unless Director disapproves within the 90 days or 30-day extension.

50 IL Adm. Code 2302

No policy, certificate of insurance, memorandum of insurance, application for insurance, endorsement or rider, may be issued unless a copy of the form shall have been filed with and approved by the Director before its use.

The Director has 90 days after the filing of the form to disapprove such form if the benefits provided therein are not reasonable in relation to the premium charged, or if it contains provisions that are unjust, unfair, inequitable, misleading, deceptive, or encourage misrepresentation of the coverage, or are contrary to any provision of the Insurance Code or any rule or regulation promulgated thereunder.

The Director may extend such waiting period for an additional 30 days upon written notice to the Company.

A filing is deemed to meet the requirements of this section unless disapproved by the Director within the 90 days or 30-day extension.

Insurer may request hearing within 30 days after receipt of disapproval.

Director may withdraw approval at any time after a hearing is held.

In such disapproval, the Director shall specify the reason for the disapproval.

The Company may request a hearing on such disapproval within 30 days after receipt of such disapproval. The Director shall grant a hearing subsequent to the receipt of such request.

The Director may, at any time after a hearing held not less than 20 days after written notice to the insurer, withdraw his approval of any such form on any ground set forth above. The written notice of such hearing shall state the reason for the proposed withdrawal.

It is not lawful for the insurer to issue such forms or use them after the effective date of such approval withdrawal.

The Director may request that advertising and sales promotion material also be filed.

a) The form number and edition date in the lower, left corner on the front of the form,

b) Printed in not less than 8-point type;

c) With spacing between printed lines of not less than one-point leading;

d) Bearing a descriptive title;

e) Showing at the beginning of the form, the name of the insurer, the location of the home office thereof, a stock, mutual, reciprocal, Lloyds, alien insurer, or an insurer operating under a charter by Special Act of the Legislature of any state.

A company authorizing an advisory organization to file on its behalf must have on file a forms authorization letter, in duplicate, which includes:

1) The name of the authorized Advisory Organization;

2) The kinds of insurance for which the filing is being made;

3) Authorization clause or language;

4) Effective date of authorization.

"Me too" filings are not allowed.

a) The name of the company and/or Advisory Organization;

b) Title, form number and edition identification of the forms;

c) Identification of all applicable endorsements, applications and policy forms with which the material being filed will be used;

d) Notification as to whether the filing is new or supersedes a present filing. Identification of all changes in any superseded filing(s) as well as identification of all superseded forms is required. Identification of superseded forms shall include title, form number, edition date, date shown on Division filing stamp.

e) proposed effective date of use;

Companies under the same ownership or general management are required to make separate individual company filings. Company Group ("Me too") filings are unacceptable.

WARNING

PURCHASING THIS COVERAGE MAY VOID OR LIMIT OTHER INSURANCE SUCH AS A HOMEOWNERS POLICY OR FIRE POLICY COVERING YOUR CONTENTS. PLEASE READ ANY SUCH POLICIES YOU HAVE.

On applications, the warning shall appear immediately above the space provided for the applicant's signature.

Upon prior approval of the Director, the warning maybe modified from the above language if done so with substantially similar wording to convey the intent and purpose of the warning.

a) show the name and address of the master policyholder and the certificate holder;

b) provide that loss payments shall be made to all insureds as their interest may appear at the time of the loss for property pledged as collateral for loans;

c) provide for repair or replacement of the damaged property, or in the event of a cash settlement, provide that payment shall be made to the creditor to reduce or extinguish the unpaid indebtedness with any excess payable to the purchaser when insuring property purchased or sold under the terms of any open end charge account or closed end installment sales contract;

d) have a description of the insured property;

i) All insured items shall have a specific description and shall have a specific amount of coverage shown for each item unless records are maintained and are available to determine every item insured and the amount of insurance applicable thereto. When insurance is provided on a replacement cost basis, a specific amount of insurance is not required. These records shall also be maintained in sufficient detail and in a form readily available to the Director in order to verify every item insured and the amount of insurance applicable thereto.

ii) items pledged as collateral for loans, not related to the purchase or sale of said items, may be collectively rather than specifically described and one amount of coverage may be shown for the entire collateral.

e) contain the following provisions of the master policy: perils insured against; cancellation provisions; all provisions applicable to claims.

f) contain wording advising that it is necessary to refer to the master policy for the entire contract wording and state where, in the State of Illinois, such master policy may be seen;

g) contain the provisions set forth in the "Coverage acceptance or rejection by the insured certificate holder" section below.

i) certificate holders shall be allowed 15 days after receiving a certificate of insurance to determine if the coverage is to remain in effect or is to be canceled without any premium being earned.

ii) if loss(es) occurs after the insured has signed an application for the coverage and before or during the above-mentioned 15 days, and the insured has not given the insurer or the master policyholder evidence of his rejection of the coverage, such loss(es) shall be paid and the premiums shall be charged for the time coverage is in force. Making any claim during this said period of time constitutes acceptance of the coverage by the insured.

iii) if, during the 15 days following the insured's receipt of the certificate of insurance, the insured chooses to reject the subject coverage and no loss has been claimed by said insured, the coverage shall be cancelled as of its effective date and without any premium being charged. Any premium which may have been paid shall, in the event of such rejection, be returned to the insured. Thereafter, no claims may be made under the subject coverage.

iv) computation of earned premium for cancellation, other than as described above, by insured certificate holder, may be on a short-rate basis. Such short-rate charge shall not be more than 10% in excess of the earned premium computed on a pro-rata basis.

v) when coverage is revised or cancelled and rewritten, earned premium shall be computed on a pro-rata basis.

Coverage shall continue without interruption and the revised or rewritten coverage shall be charged rates not to exceed those charged prior to the revision or rewriting.

1) Insurance premiums;

2) Interest, carrying or finance charges;

3) Service charges;

4) Warranty charges;

5) Other charges added to the net price of the items.

The item(s) to be insured shall only be tangible property.

215 ILCS 5/143(2)

The arbitration may be binding on both parties, or non-binding upon the insured, but in all instances must be entered into on a voluntary basis, as the insured must have the option of filing a lawsuit. Any forms that contain provisions to the contrary are deemed to contain exceptions and conditions that unreasonably or deceptively affect the risks that are purported to be assumed by the policy, in violation of Section 143(2) and will be disapproved accordingly.

50 IL Adm. Code 931

Rule 931 provides more specific guidance that:

a) such notice shall accompany any newly issued policy or binder;

b) "written notice" shall be satisfied by: any printed notice delivered with a policy or certificate; any adhering label attached to a policy or certificate; any computerized notice issued concurrently with a computer issued policy or certificate; or any other form of individual written notice substantially similar to the above.

The address to be used for the Division of Insurance should be: Illinois Division of Insurance, Consumer Division or Public Services Section, Springfield, IL 62767.

The address to be used for the company shall be an office that can service all types of complaints. If one office cannot service all types of complaints, then the additional addresses of each appropriate service office must be given.

In addition to providing the required addresses, the notification should set forth the minimum amount of information included in the following suggested wording: "This notice is to advise you that should any complaints arise regarding this insurance, you may contact the following."

All forms must be identified by a descriptive title, form number and edition identification.

All forms must be printed in not less than eight-point type.

Rebates -- penalties

215 ILCS 5/151

215 ILCS 5/152

However, insurers may pay a bonus to policyholders or abate their premiums, in whole or in part, out of surplus accumulated from nonparticipating insurance.

Insurers may also offer a child passenger restraint system, or a discount from the purchase price of a child passenger restraining system to policyholders, when the purpose of such system is the safety of a child and compliance with the "Child Passenger Protection Act."

No insured or applicant shall directly or indirectly receive or accept any rebate of premium or agent's or broker's commission, or any favor or advantage, or any valuable consideration or inducement, other than such as is specified in the policy.

Any company or person violating any provision of Section 151 shall be guilty of a Class B misdemeanor.

However, Form RF-3 is required to be filed for all commercial inland marine rate level changes, within 10 days of the stated effective date.

Form RF-3 Summary Sheet

However, even though the rates and rules themselves are not required to be filed, insurers must still file two copies of Form RF-3 Summary Sheet for all commercial inland marine rate level changes.

The form must indicate whether the information is "exact" or "estimated." A company must maintain documentary data for rate level changes so that it will be available for review by the Division's Property & Casualty Evaluation Section.

RF-3s must be received by the Division's Property & Casualty Evaluation Section no later than 10 days after the stated effective date of the rate level change.

Insurers are prohibited from continuing to use the new rate level if the Form RF-3 has not been received by the Division within 10 days of the effective date.

Company must maintain documentary information regarding such individual risk rates for review by the Division's Property & Casualty Evaluation Section.

50 IL Adm. Code 2302

"Me too' filings are not allowed.

However, such filing shall be required only for insurance involving personal property owned by, being purchased by, or pledged as collateral by individuals, and not used in any business, trade or profession.

Companies under the same ownership or general management must file separately. "Me too" filings are not allowed.