Certain ocean or wet marine forms are exempt.

List of Classes/Clauses

215 ILCS 5/121-2.06

1. Class 3, Clause (d)

The requirement to have a certificate of authority does not apply to transactions in Illinois relative to a policy issued or to be issued outside this State involving insurance on vessels, craft or hulls, cargos, marine builder's risk, marine protection and indemnity or other risk, including strikes and war risks commonly insured under ocean or wet marine forms of policy.

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  Identification of all changes in all superseding filings as well as identification of all superseded forms is required.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.

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.

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.

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.

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.

215 ILCS 5/388a-388g

215 ILCS 5/393a-393g

215 ILCS 5/400.1

IL Adm. Code 2302

215 ILCS 5/900-906

Therefore, ocean marine coverage may not be written on a group basis in Illinois. Per the referenced statutes and rules, the only lines of business that may be written on a group basis in Illinois are: a) group vehicle; b) group professional liability; c) group inland marine; d) group legal.

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.