List of Classes/Clauses

1. Class 3, Clauses (a) and (b)

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 Department will expedite review of the filing ahead of all other filings received to date.

The Department 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 Department will accept such form, as long as the information required in Rule 753 is included.

NAIC Uniform Transmittal Form

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  Identification of all changes in all superseding filings as well as identification of all superseded forms is required.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

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 Department.

Insurer may authorize attorneys, consulting firms, etc. to submit form filings to the Department, 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 Department. 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 Department, 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.

50 IL Adm. Code 753

215 ILCS 5/397.05

215 ILCS 5/143(2)

215 ILCS 5/143.13(b)

When an insured requests an appraisal under a policy of fire and extended coverage insurance as defined in Section 143.13(b), and the insured’s full amount of appraised loss is upheld by agreement of the appraisers or the umpire, then the insured’s appraisal fee and umpire’s appraisal fee must be paid by the insurer.

50 IL Adm. Code 2301

710 ILCS 5/1

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 per Lines 157-161 of the Standard Fire Policy. Any forms that contain provisions to the contrary conflict with the Standard Fire Policy minimum language, and 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.

215 ILCS 157/

Company Bulletin 2003-03

215 ILCS 157/22

Public Act 93-0114 regarding use of credit information for personal lines insurance became effective October 1, 2003.

Please see the specific Public Act for details. In addition, please refer to Company Bulletin 2003-03 for specific information and guidance.

215 ILCS 157/22 requires insurers to review/consider an exception to the risk score based upon extraordinary life events after receiving a written and signed notification from the applicant or insured explaining how the applicant or insured believes the extraordinary life event adversely impacts the applicant's or insured's insurance risk score. (Effective July 1, 2006)

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.

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

215 ILCS 5/143(2)

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.

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

All notices shall provide 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.

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.

215 ILCS 5/143.13(b)

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 Department of Insurance should be: Illinois Department of Insurance, Consumer Department 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.”

215 ILCS 5/143.13(b)

Applies to policies of fire and extended coverage as defined in Section 143.13(b).

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.

50 IL Adm. Code 2301

215 ILCS 5/143(2)

David and Kathryn Lundquist v. Allstate Insurance Company

The Department will not accept terrorism exclusions or limitations on personal lines forms unless the company proves the possibility of hazardous financial solvency concerns if the Department does not allow such exclusions or limitations.

215 ILCS 5/388

215 ILCS 5/393a

215 ILCS 5/400.1

IL Adm. Code 2302

215 ILCS 5/900-906

Therefore, personal property and dwelling fire insurance 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)

50 IL Adm. Code 753

215 ILCS 5/397.05

215 ILCS 5/143(2)

215 ILCS 5/143.13(b)

When an insured requests an appraisal under a policy of fire and extended coverage insurance as defined in Section 143.13(b), and the insured’s full amount of appraised loss is upheld by agreement of the appraisers or the umpire, then the insured’s appraisal fee and umpire’s appraisal fee must be paid by the insurer.

50 IL Adm. Code 2301

710 ILCS 5/1

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 per Lines 157-161 of the Standard Fire Policy. Any forms that contain provisions to the contrary conflict with the Standard Fire Policy minimum language, and 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.

215 ILCS 5/397.05

50 IL Adm. Code 2301

Standard Fire Policy Form

215 ILCS 5/143.13(b)

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 Department of Insurance should be: Illinois Department of Insurance, Consumer Department 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.”

215 ILCS 5/143(2)

215 ILCS 5/143(2)

95 IL. App. 34 3d 1122

215 ILCS 5/143(2)

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.

215 ILCS 5/143.13(b)

Applies to policies of fire and extended coverage as defined in Section 143.13(b).

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.

215 ILCS 5/397.05

50 IL Adm. Code 2301

Standard Fire Policy Form

No personal lines policy may be rescinded after the policy has been in effect for one year, or one policy period, whichever is less.

215 ILCS 5/807.1

List of 34 counties

In all other Illinois counties, insurers must provide mine subsidence insurance coverage if the insured requests it.

Form RF-3 is required to be filed for all rate level changes for all personal property lines, regardless of whether the actual rates and rules are filed.

“Me too” filings are not allowed.

Advisory organizations no longer make rate and rule filings in Illinois, so the sections dealing with third party filers for rates and rules do not apply.

Insurers may authorize attorneys, consulting firms, etc. to submit rate filings to the Department, as long as the filing includes proper authorization.

Form RF-3 Summary Sheet

Companies under the same ownership or general management are required to make separate individual filings. Company group (“Me too”) filings are unacceptable.

Insurer must maintain documentary data for rate changes in its files so that it will be available for review by the Department’s Property & Casualty Evaluation Section.

For every filing, two copies of a rate submission letter must be attached, which includes:

a) name of the company making the filing;

b) identification of the kinds of insurance to which the filing applies;

c) notification of whether the filing is new or supersedes a present filing. Identification of all changes in superseding filings, as well as identification of all superseded filings is required;

d) effective date of use.

Two copies of Form RF-3 Summary Sheet must be filed for all 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 Department’s Property & Casualty Evaluation Section.

Form RF-3 must be received by the Department no later than 10 days after the effective date of such rate level change.

Insurers are prohibited from continuing to use the new rate or rule, or rate level if the rate/rule and Form RF-3 have not been received by the Department within 10 days after the effective dates of use.

NOTE: Advisory organizations no longer file rates and rules in Illinois. Therefore, each company must file its own rates and rules.

Insurers may authorize attorneys, consulting firms, etc. to submit rate filings to the Department, 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.

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

A company is not required to file rates on individual risks where the development of the rate for the individual risk is dependent on an inspection of improvements on real property and an application of a schedule, the elements of which include loss ratio, hazard analysis, risk analysis and classification of municipal fire defenses.

However the company must maintain documentary information and records in its offices, which will be available for review by the Department’s Property & Casualty Evaluation Section.