Illinois Service of Suit Requirement
Paragraph 10 of the Illinois Surplus Line Law requires that each surplus line policy designate the Director as attorney of the insurer for service of process in any action, suit or proceeding arising out of the policy. The service of suit requirement does not apply to insurers that have domestic surplus line insurer (DSLI) status. For a list of DSLI insurers, click here.
Policies must have proper Service of Suit wording. When filing a binder as an alternate to policy filing, the Department of Insurance requires that the binder contain service of suit wording. With an EFS filing, the confirmation page will include the appropriate wording, so attaching the confirmation page will satisfy the requirement. If you don’t attach the confirmation page, you should include this wording on binders. Endorsements do not need service of suit wording.
Sample Service of Suit Wording
The Insurer hereby designates the Director of the Illinois Department of Insurance and his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance.
– or –
Further, pursuant to any statute of any state, territory or District of the United States which makes provision therefor, the Company hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder, arising out of this contract of insurance.