Sec. 144. Limitation of risk.

695 words·~3 min read·/il/chapter-215/act-5/144

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)No company authorized to transact any of the kind of business enumerated in Classes 2 and 3 of Section 4 in this State may expose itself to any loss on any one risk or hazard to an amount exceeding 10% of its admitted assets in excess of its liabilities excluding, in the case of a stock company, its capital stock liability. No portion of any such risk or hazard which has been reinsured in a domestic or an approved foreign or alien company, in accordance with this Code, shall be included in determining the limitation of risk prescribed herein.

(2)Any company transacting the kind of business enumerated in clause

(g)of Class 2 of Section 4 may expose itself to a risk or hazard in excess of the amount prescribed in subsection

(1)if it is protected in excess of that amount by the following:

(a)The co-suretyship of such a company similarly authorized; or

(b)By deposit with it in pledge or conveyance to it in trust for its protection of

property; or

(c)By conveyance or mortgage for its protection; or

(d)In case a suretyship obligation was made on behalf or on account of a fiduciary

holding property in a trust capacity, by deposit or other disposition of a portion of the property so held in trust that no future sale, mortgage, pledge or other disposition can be made thereof without the consent of such company except by a judgment or order of a court of competent jurisdiction.

(3)A company designated in subsection

(2)may also execute transportation or warehouse bonds for United States Internal Revenue taxes to an amount equal to 50% of its capital and surplus. When the penalty of the suretyship obligation exceeds the amount of a judgment described therein as appealed from and thereby secured, or exceeds the amount of the subject matter in controversy or of the estate in the custody of the fiduciary for the performance of whose duties it is conditioned, the bond may be executed if the actual amount of the judgment or the subject matter in controversy or estate not subject to supervision or control of the surety is not in excess of such limitation. When the penalty of the suretyship obligation executed for the performance of a contract exceeds the contract price, the latter shall be taken as the basis for estimating the limit of risk within the meaning of this Section.

(4)Whenever the ratio of the annual premium volume in proportion to the policyholder surplus of any company transacting the kinds of business authorized in Class 2 and Class 3 of Section 4 when reviewed in conjunction with the kinds and nature of risks insured, the financial condition of the company and its ownership including but not limited to the liquidity of assets, relationship of surplus to liabilities and adequacy of outstanding loss reserves, creates a condition such that the further assumption of risks might be hazardous to policyholders, creditors or the general public, then the Director may order such company to take one or more of the following steps:

(a)to reduce the loss exposure by reinsurance;

(b)to reduce the volume of new business being accepted;

(c)to suspend the writing of new business for a period not to exceed 3 months;

(d)to increase and maintain the company's surplus by a contribution to surplus which

will raise the surplus for such a period of time and by such an amount as the Director may deem necessary and essential; or

(e)to reduce general or acquisition expenses by specified methods.

(f)(Blank).

(5)The provisions of this Section do not apply to domestic, foreign, and alien Lloyds.

The company may, within 10 days after receipt of an Order of the Director under this Section, request that the Director hold a hearing to determine whether the Order of the Director should be modified in any way. A request for a hearing by a company under this Section stays any Order of the Director entered under this Section until such time as the Director has entered an Order pursuant to the hearing.