215 ILCS 5/533
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(215 ILCS 5/533)
(from Ch. 73, par. 1065.83)
Sec. 533. Scope. This Article applies to all of the kinds of insurance
written on a direct basis which are included in Class 2 and
Class 3 of Section 4 of this Code, except that
it shall not apply to:
(a) accident and health insurance written under clause (a) of Class 2, or
(b) mortgage guaranty or other financial guaranty written as
suretyship obligations or insurance under clause (g), clause (h)
or clause (i) of Class 2 or otherwise, or
(c) fidelity or surety bonds, or any other bonding obligations other
than employee fidelity bonds, or
(d) marine insurance other than inland marine insurance, written under
clause (d) of Class 3, or
(e) insurance of warranties or service contracts, including insurance that
provides for the
repair, replacement, or service of goods or property or indemnification for
repair, replacement, or service for the operational or structural failure of
the goods or property due to a defect in materials, workmanship, or normal wear
and tear or provides reimbursement for the liability incurred by the issuer of
agreements or service contracts that provide these benefits, or
(f) any claim servicing agreement or insurance policy which contains a
retrospective rating or other premium adjustment agreement under which
premiums are substantially equal to the losses and loss expenses covered
under the policy or any policy providing retroactive insurance of known loss, or
(g) any insurance which is provided, guaranteed or reinsured pursuant to
the Federal Crop Insurance Program or the National Flood Insurance Program,
including flood insurance written by National Flood Insurance Program
Write Your Own Companies.
(Source: P.A. 103-113, eff. 6-30-23.)
Notes of Decisions
Cited in 4
cases, 2006–2012 · leading case: Roth v. Illinois Insurance Guaranty Fund
Roth v. Illinois Insurance Guaranty Fund (2006)
“In fact, the legislature’s addition of the words, “regardless of whether or not such insurance policy was written by a member company,” which health insurance companies are not (215 ILCS 5/533(a) (West 2004)), supports our conclusion.”
Skokie Castings v. Illinois Insurance Guaranty Fund (2012)
“” 215 ILCS 5/533 (West 2004). The Fund is statutorily obliged to pay “covered claims,” but the statutory definition of “covered claims” excludes: “[A]ny claim for any amount due any reinsurer, insurer, insurance pool, or underwriting association as subrogated recoveries,…”
Roth v. Illinois Insurance Guaranty Fund (2006)
“In fact, the legislature's addition of the words, "regardless of whether or not such insurance policy was written by a member company," which health insurance companies are not (215 ILCS 5/533(a) (West 2004)), supports our conclusion.”
Skokie Castings v. Illinois Ins. Guar. (2012)
“" 215 ILCS 5/533 (West 2004). The Fund is statutorily obliged to pay "covered claims," but the statutory definition of "covered claims" excludes: "[A]ny claim for any amount due any reinsurer, insurer, insurance pool, or underwriting association as subrogated recoveries,…”
— 215 ILCS 5/533(a) — 2 cases
Roth v. Illinois Insurance Guaranty Fund (2006)
“In fact, the legislature’s addition of the words, “regardless of whether or not such insurance policy was written by a member company,” which health insurance companies are not (215 ILCS 5/533(a) (West 2004)), supports our conclusion.”
Roth v. Illinois Insurance Guaranty Fund (2006)
“In fact, the legislature's addition of the words, "regardless of whether or not such insurance policy was written by a member company," which health insurance companies are not (215 ILCS 5/533(a) (West 2004)), supports our conclusion.”
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