Article XXXI - Insurance Producers, Limited Insurance Representatives And Registered Firms


 
    (215 ILCS 5/Art. XXXI heading)
ARTICLE XXXI. INSURANCE PRODUCERS, LIMITED
INSURANCE REPRESENTATIVES AND REGISTERED FIRMS
(Article scheduled to be repealed on January 1, 2017)

    (215 ILCS 5/490.1) (from Ch. 73, par. 1065.37‑1)
    Sec. 490.1. (Repealed).
(Source: P.A. 83‑801. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/491.1) (from Ch. 73, par. 1065.38‑1)
    Sec. 491.1. (Repealed).
(Source: P.A. 91‑234, eff. 1‑1‑00. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/492.2) (from Ch. 73, par. 1065.39‑2)
    Sec. 492.2. (Repealed).
(Source: P.A. 91‑234, eff. 1‑1‑00. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/493.1) (from Ch. 73, par. 1065.40‑1)
    Sec. 493.1. (Repealed).
(Source: P.A. 83‑749. Repealed by P.A. 90‑499, eff. 8‑19‑97.)

    (215 ILCS 5/493.2) (from Ch. 73, par. 1065.40‑2)
    Sec. 493.2. (Repealed).
(Source: P.A. 85‑334. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/494.1) (from Ch. 73, par. 1065.41‑1)
    Sec. 494.1. (Repealed).
(Source: P.A. 91‑234, eff. 1‑1‑00. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/494.2) (from Ch. 73, par. 1065.41‑2)
    Sec. 494.2. (Repealed).
(Source: P.A. 87‑1216. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/495.1) (from Ch. 73, par. 1065.42‑1)
    Sec. 495.1. (Repealed).
(Source: P.A. 86‑600. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/495.2)
    Sec. 495.2. (Repealed).
(Source: P.A. 91‑234, eff. 1‑1‑00. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/496.2) (from Ch. 73, par. 1065.43‑2)
    Sec. 496.2. (Repealed).
(Source: P.A. 91‑234, eff. 1‑1‑00. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/497.1) (from Ch. 73, par. 1065.44‑1)
    Sec. 497.1. (Repealed).
(Source: P.A. 91‑234, eff. 1‑1‑00. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/497.2) (from Ch. 73, par. 1065.44‑2)
    Sec. 497.2. (Repealed).
(Source: P.A. 87‑601. Repealed by P.A. 89‑265, eff. 1‑1‑96.)

    (215 ILCS 5/498.1) (from Ch. 73, par. 1065.45‑1)
    Sec. 498.1. (Repealed).
(Source: P.A. 88‑313. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/499.1) (from Ch. 73, par. 1065.46‑1)
    Sec. 499.1. (Repealed).
(Source: P.A. 91‑234, eff. 1‑1‑00. Repealed by P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/500‑5)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 500‑5. Scope of Article. This Article applies to all persons and insurance companies as defined in this Code. This Article does not apply to surplus lines producers licensed pursuant to Section 445 except as provided in Section 500‑40 and subsection (b) of Section 500‑90 of this Article.
(Source: P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/500‑10)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 500‑10. Definitions. In addition to the definitions in Section 2 of the Code, the following definitions apply to this Article:
    "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
    "Car rental limited line licensee" means a person authorized under the provisions of Section 500‑105 to sell certain coverages relating to the rental of vehicles.
    "Home state" means the District of Columbia and any state or territory of the United States in which an insurance producer maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer.
    "Insurance" means any of the lines of authority in Section 500‑35, any health care plan under the Health Maintenance Organization Act, or any limited health care plan under the Limited Health Service Organization Act.
    "Insurance producer" means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance.
    "Insurer" means a company as defined in subsection (e) of Section 2 of this Code, a health maintenance organization as defined in the Health Maintenance Organization Act, or a limited health service organization as defined in the Limited Health Service Organization Act.
    "License" means a document issued by the Director authorizing an individual to act as an insurance producer for the lines of authority specified in the document or authorizing a business entity to act as an insurance producer. The license itself does not create any authority, actual, apparent, or inherent, in the holder to represent or commit an insurance carrier.
    "Limited lines insurance" means those lines of insurance defined in Section 500‑100 or any other line of insurance that the Director may deem it necessary to recognize for the purposes of complying with subsection (e) of Section 500‑40.
    "Limited lines producer" means a person authorized by the Director to sell, solicit, or negotiate limited lines insurance.
    "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers.
    "Person" means an individual or a business entity.
    "Rental agreement" means a written agreement setting forth the terms and conditions governing the use of a vehicle provided by a rental company for rental or lease.
    "Rental company" means a person, or a franchisee of the person, in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed 30 days.
    "Rental period" means the term of the rental agreement.
    "Renter" means a person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed 30 days.
    "Self‑service storage facility limited line licensee" means a person authorized under the provisions of Section 500‑107 to sell certain coverages relating to the rental of self‑service storage facilities.
    "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company.
    "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company.
    "Terminate" means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance.
    "Uniform Business Entity Application" means the current version of the National Association of Insurance Commissioners' Uniform Business Entity Application for nonresident business entities.
    "Uniform Application" means the current version of the National Association of Insurance Commissioners' Uniform Application for nonresident producer licensing.
    "Vehicle" or "rental vehicle" means a motor vehicle of (1) the private passenger type, including passenger vans, mini vans, and sport utility vehicles or (2) the cargo type, including cargo vans, pickup trucks, and trucks with a gross vehicle weight of less than 26,000 pounds the operation of which does not require the operator to possess a commercial driver's license.
(Source: P.A. 92‑386, eff. 1‑1‑02; 93‑288, eff. 1‑1‑04.)

    (215 ILCS 5/500‑15)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 500‑15. License required.
    (a) A person may not sell, solicit, or negotiate insurance in this State for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this Article.
    (b) A person may not, for a fee, engage in the business of offering any advice, counsel, opinion, or service with respect to the benefits, advantages, or disadvantages under any policy of insurance that could be issued in Illinois, unless that person is:
        (1) engaged or employed as an attorney licensed to
     practice law and performing duties incidental to that position;
        (2) a licensed insurance producer, limited insurance
     representative, or temporary insurance producer offering advice concerning a class of insurance as to which he or she is licensed to transact business;
        (3) a trust officer of a bank performing duties
     incidental to his or her position;
        (4) an actuary or a certified public accountant
     engaged or employed in a consulting capacity, performing duties incidental to that position; or
        (5) a licensed public adjuster acting within the
     scope of his or her license.
    (c) In addition to any other penalty set forth in this Article, an individual who knowingly violates subsection (a) is guilty of a Class A misdemeanor.
    (d) In addition to any other penalty set forth in this Article, any individual violating subsection (a) or (b) and misappropriating or converting any moneys collected in conjunction with the violation is guilty of a Class 4 felony.
(Source: P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/500‑20)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 500‑20. Exceptions to licensing.
    (a) Nothing in this Article shall be construed to require an insurer to obtain an insurance producer license. In this Section, the term "insurer" does not include an insurer's officers, directors, employees, subsidiaries, or affiliates.
    (b) A license as an insurance producer shall not be required of the following:
        (1) an officer, director, or employee of an insurer
     or of an insurance producer, provided that the officer, director, or employee does not receive any commission on policies written or sold to insure risks residing, located, or to be performed in this State and:
            (A) the officer's, director's, or employee's
         activities are executive, administrative, managerial, clerical, or a combination of these, and are only indirectly related to the sale, solicitation, or negotiation of insurance;
            (B) the officer's, director's, or employee's
         function relates to underwriting, loss control, inspection, or the processing, adjusting, investigating, or settling of a claim on a contract of insurance; or
            (C) the officer, director, or employee is acting
         in the capacity of a special agent or agency supervisor assisting insurance producers if the person's activities are limited to providing technical advice and assistance to licensed insurance producers and do not include the sale, solicitation, or negotiation of insurance;
        (2) a person who secures and furnishes information
     for the purpose of group life insurance, group property and casualty insurance, group annuities, or group or blanket accident and health insurance or for the purpose of enrolling individuals under plans, issuing certificates under plans or otherwise assisting in administering plans or who performs administrative services related to mass marketed property and casualty insurance, if no commission is paid to the person for the service;
        (3) an employer or association or its officers,
     directors, employees, or the trustees of an employee trust plan, to the extent that the employers, officers, employees, directors, or trustees are engaged in the administration or operation of a program of employee benefits for the employer's or association's own employees or the employees of its subsidiaries or affiliates, which program involves the use of insurance issued by an insurer, as long as the employers, associations, officers, directors, employees, or trustees are not in any manner compensated, directly or indirectly, by the company issuing the contracts;
        (4) employees of insurers or organizations employed
     by insurers who are engaging in the inspection, rating, or classification of risks or in the supervision of the training of insurance producers and who are not individually engaged in the sale, solicitation, or negotiation of insurance;
        (5) a person whose activities in this State are
     limited to advertising without the intent to solicit insurance in this State through communications in printed publications or forms of electronic mass media whose distribution is not limited to residents of this State, provided that the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this State;
        (6) a person who is not a resident of this State who
     sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract, provided that the person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state; or
        (7) a salaried, full‑time employee who counsels or
     advises his or her employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer provided that the employee does not sell or solicit insurance or receive a commission.
(Source: P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/500‑25)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 500‑25. Application for examination.
    (a) A resident individual applying for an insurance producer license must pass a written examination unless exempt pursuant to Section 500‑45. Both part one and part 2 of the examination must be passed within 90 days of each other. The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws and rules of this State. Examinations required by this Section must be developed and conducted under rules prescribed by the Director.
    (b) The Director may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable fee set forth in Section 500‑135.
    (c) An individual applying for an examination must remit a nonrefundable fee as prescribed by the Director as set forth in Section 500‑135, plus a separate remittance payable to the designated testing service for the total fees the testing service charges for each of the various services being requested by the applicant.
    (d) An individual who fails to appear for the examination as scheduled or fails to pass the examination, must reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
(Source: P.A. 92‑386, eff. 1‑1‑02.)

    (215 ILCS 5/500‑30)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 500‑30. Application for license.
    (a) An individual applying for a resident insurance producer license must make application on a form specified by the Director and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief. Before approving the application, the Director must find that the individual:
        (1) is at least 18 years of age;
        (2) has not committed any act that is a ground for
     denial, suspension, or revocation set forth in Section 500‑70;
        (3) has completed, if required by the Director, a
     pre‑licensing course of study before the insurance exam for the lines of authority for which the individual has applied (an individual who successfully completes the Fire and Casualty pre‑licensing courses also meets the requirements for Personal Lines‑Property and Casualty);
        (4) has paid the fees set forth in Section 500‑135;
     and
        (5) has successfully passed the examinations for the
     lines of authority for which the person has applied.
    (b) A pre‑licensing course of study for each class of insurance for which an insurance producer license is requested must be established in accordance with rules prescribed by the Director and must consist of the following minimum hours:
Class of InsuranceNumber of
Hours
Life (Class 1 (a))20
Accident and Health (Class 1(b) or 2(a))20
Fire (Class 3)20
Casualty (Class 2)20
Personal Lines‑Property Casualty20
Motor Vehicle (Class 2(b) or 3(e))12.5
    7.5 hours of each pre‑licensing course must be completed in a classroom setting, except Motor Vehicle, which would require 5 hours in a classroom setting.
    (c) A business entity acting as an insurance producer must obtain an insurance producer license. Application must be made using the Uniform Business Entity Application. Before approving the application, the Director must find that:
        (1) the business entity has paid the fees set forth
     in Section 500‑135; and
        (2) the business entity has designated a licensed
     producer responsible for the business entity's compliance with the insurance laws and rules of this State.
    (d) The Director may require any documents reasonably necessary to verify the information contained in an application.
(Source: P.A. 96‑839, eff. 1‑1‑10.)

    (215 ILCS 5/500‑35)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 500‑35. License.
    (a) Unless denied a license pursuant to Section 500‑70, persons who have met the requirements of Sections 500‑25 and 500‑30 shall be issued a 2‑year insurance producer license. An insurance producer may receive qualification for a license in one or more of the following lines of authority:
        (1) Life: insurance coverage on human lives
     including benefits of endowment and annuities, and may include benefits in the event of death or dismemberment by accident and benefits for disability income.
        (2) Variable life and variable annuity products:
     insurance coverage provided under variable life insurance contracts and variable annuities.
        (3) Accident and health or sickness: insurance
     coverage for sickness, bodily injury, or accidental death and may include benefits for disability income.