Topic: Illinois Developments

Illinois Passes Uniform Electronic Transactions Act

Illinois has passed Senate Bill 2176 which is effective as of June 25,2021, repeals the state’s former non-UETA “Electronic Commerce Security Act”, and includes the Uniform Electronic Transactions Act (UETA), making Illinois the 49th state to have adopted UETA and leaving New York as the only non-UETA state.

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Various States Seek to Mandate Insurers Cover COVID-19 Related Business Interruption Claims

In an effort to help struggling businesses deal with the fall-out from the COVID-19 pandemic, ‎legislatures in Florida, Illinois, Maine and Rhode Island have recently proposed legislation to ‎require insurance carriers to cover COVID-19 related business interruption claims. Traditionally, ‎business interruption policies require that a business suffer some sort of physical loss or damage ‎before the carrier will pay-out on a business interruption claim.‎

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LL Surplus Lines Series (Entry 29): Illinois Looks to be Latest State to Streamline Diligent Search Requirements, and to Provide Clarity for Group Policies

On February 26, 2021, a bill was introduced in the Illinois General Assembly that among other ‎changes would eliminate the diligent effort requirement for commercial business sourced by a ‎surplus lines producer through a retail insurance producer and would also reduce the requirement ‎for master policies and program business.‎

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Illinois Department of Insurance Adopts Rule Mandating Prior Notification of Dividends or Distributions by Captive Insurance Companies

The Illinois Department of Insurance has adopted a new rule, 50 Ill. Adm. Code 1305, Prior Notification of Dividends or Distributions.  Illinois Public Act 100-1118, effective November 27, 2018, added a new section to Article VIIC of the Illinois Insurance Code, Domestic Insurance Companies, namely, section 123C-26 [215 ILCS 5/123C-26] which mandates that captive insurance companies shall notify the Director when issuing dividends or distributions to policyholders [215 ILCS 5/123C-26.A] and which mandates that the Director approve that issuance and adopt rules to implement the approval process [215 ILCS 5/123C26.B].

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LL Surplus Lines Series (Entry 22): Illinois Introduces Changes to Surplus Lines Laws Regarding Declinations and Group Policies

On February 14, 2020, Illinois introduced legislation (SB3783) that would make significant ‎changes in the manner certain surplus lines placements are made in Illinois. Illinois would be the ‎latest state to amend their surplus lines laws and improve efficiency in the placement of surplus ‎lines risks.‎

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New Illinois Department of Insurance Rules Clarify Use of Life Policy Finder and How ‎Insurers Must Conduct Searches After Receiving a Death Notice

The Illinois Department of Insurance has implemented new rules governing life and annuity ‎insurer conduct upon receipt of a death notice, and for interaction with its Lost Policy Finder ‎service for consumers (50 Ill. Adm. Code 920 et seq.). These rules were drafted in response to ‎requirements in the Illinois Unclaimed Life Insurance Benefits Act, which went into effect in ‎‎2017 in the aftermath of the national controversy related to how some life and annuity carriers ‎were making use of the Social Security Administration’s Death Master File.‎

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