Illinois Surplus Line Rules & Info Applicable to All Transactions
This is just a summary.
Read/download
the full Procedures Manual before trying to file with the Association
and read/download the EFS manuals
before using the EFS system --
call us if you need help.
Procedures Common to All Filings
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"Notice to Policyholder" wording must be on first page or declarations
page of each policy or binder filing. You do not need this wording on endorsements.
Attaching the EFS confirmation is an acceptable substitute for this
requirement. A stamp with the wording can be requested by
contacting us.
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Policies must have proper
Service of Suit
wording. For sample service of suit wording,
click here.
When filing a binder as an alternate to policy filing, the Division of
Insurance requires that the binder contain service of suit wording.
When using EFS, the confirmation page will include the appropriate wording.
When filing on paper or using EFS (but not printing the confirmation page)
you can still include this wording on binders. To find out how,
click here. Endorsements do not need service of suit wording.
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Taxes
and stamping fees must be shown on declarations page.
Attaching the EFS filing confirmation page is an acceptable substitute for
this requirement. Taxes and fees are charged
against premium only. Do not charge taxes
or stamping fees on policy fees,
inspection fees, etc.
-
Taxes and stamping fees must be
rounded
to the nearest whole dollar. The EFS system will calculate the taxes
and fees for you based on the type of coverage and the premium amount.
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Make sure what you are filing is an Illinois risk.
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If there is any primary personal lines auto or homeowners coverage, you
probably need to place it with a residual market (Auto Plan,
FAIR Plan).
See Bulletin #25, paragraph 2c.
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Make sure that the insurer properly identified on your
policies and endorsements, and that it is really a
surplus line insurer
in Illinois. If it is an Illinois Domestic Surplus Line Insurer,
there are a couple of special
procedures.
-
The following filings have some special procedures
associated with them. Click on the item to learn more.
Lloyd's Policies
Multi-State Risks
Mexican Auto / Tourist Policies
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Illinois does not have a list of "approved" or "eligible"
surplus line insurers. Illinois is a "broker responsibility" state.
Information about which surplus line insurers can be used is in
Section 445,
Paragraph 1 of the surplus line law and in
Regulation
2801.30. The Director can issue an order declaring certain surplus
line insurers ineligible in Illinois.
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Illinois does not have an export list. For every
risk you place in the surplus line market, you must have 3
declinations from licensed insurers. There is no specific form
upon which you must record your declinations for Illinois risks. For more specific information
on declination requirements and your record-keeping responsibilities, See
Regulation 2801.60
and
Regulation
2801.50. You do not need to file your declinations with
the SLA.
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Do not send checks with your document filings.
You will be billed monthly for stamping fees.
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Tax forms and tax payments are due
twice a year.
Just like with your personal IRS 1040 form, you must file your taxes, on
time, even if you don't owe any money. Although the SLA prepares and
mails tax forms to members, if for some reason you do not receive it, it is
still your responsibility to hunt it down and get it filed on time.
Tax statement forms and payments, by regulation, are based on filings with the
Association during the preceding six month period. Never manually
alter these forms without first contacting the Association.
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Do not send tax forms/payments to the SLA.
Tax forms and payments are sent to the Division of Insurance in
Springfield. The address is
on your tax forms. On the flipside, do not send your SLA document
filings to the Division of Insurance!
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Did we already mention that you should
READ the Procedures Manual?
Really. It's short. It's entertaining. You'll laugh,
you'll cry, you'll want to read it over and over again. Your friends
will be lining up to borrow it.
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