Statutes > Illinois Statutes > CHAPTER 215 INSURANCE > 215 ILCS 120/ Farm Mutual Insurance Company Act of 1986.

215 ILCS 120/ Farm Mutual Insurance Company Act of 1986.

    (215 ILCS 120/1) (from Ch. 73, par. 1251)
    Sec. 1. Scope. This Act shall apply to:
    (1) companies organized or operating prior to the effective date of this Act, under an Act entitled, "An Act relating to local mutual district, county and township insurance companies", approved March 13, 1936, as amended, and
    (2) any fire insurance company, corporation or association operating in this State under a special charter and heretofore subject to "An Act relating to local mutual district, county and township insurance companies", approved March 13, 1936, as amended.
(Source: P.A. 84‑1431.)

    (215 ILCS 120/2) (from Ch. 73, par. 1252)
    Sec. 2. Farm Mutual Insurance Companies. Any district, county, township or special act mutual insurance company now authorized to write insurance in this State shall hereafter be known as a "Farm Mutual Insurance Company".
(Source: P.A. 84‑1431.)

    (215 ILCS 120/3) (from Ch. 73, par. 1253)
    Sec. 3. Definitions. For purposes of this Act unless the context clearly requires otherwise:
    "Policyholders' Surplus" means a company's admitted assets less its liabilities, including its liability for an unearned premium reserve.
    "Direct Premium Written" means those amounts charged policyholders pursuant to the company's rating schedules and plans currently in use, less return premiums.
    "Gross Premium Written" means direct premium written plus assumed reinsurance premium.
    "Assessment" means amounts levied to policyholders by action of the board of directors pursuant to the contingent liability clause contained in the bylaws.
    "Net Premium Written" means direct premium written plus assumed reinsurance premium less ceded reinsurance premium.
(Source: P.A. 88‑364.)

    (215 ILCS 120/4) (from Ch. 73, par. 1254)
    Sec. 4. Definition of Admitted Assets. Admitted assets shall include those investments permitted under Section 12 of this Act and in addition thereto, only the following:
    (1) Cash funds held in the company's office and under the company's control.
    (2) Interest due and accrued on bonds, certificates of deposit and other investments permitted by this Act that are not in default.
    (3) Dividends declared and unpaid on mutual funds, common stock, and preferred stock, permitted by this Act.
    (4) Amounts recoverable from solvent insurance companies licensed to do business in this State.
    (5) Tax refunds due from the United States or the State of Illinois.
    (6) Premiums receivable on policies not over 90 days past due. The due date of the premium shall be considered to be the first day of the coverage period for which the premium is payable.
(Source: P.A. 90‑794, eff. 1‑1‑99.)

    (215 ILCS 120/5) (from Ch. 73, par. 1255)
    Sec. 5. Kinds of Insurance.
    (1) Any company operating under this Act is authorized to insure or to accept reinsurance from other farm mutual companies against loss or damage by:
        (a) any peril or perils, except earthquake,
     resulting in physical loss or damage to property;
        (b) animal mortality;
        (c) consequential loss coverages if written in
     conjunction with the policy providing direct coverage for same.
    (2) A company authorized under this Act may insure against loss or damage by the perils of wind, only if such company has and maintains policyholders' surplus equal to or greater than $100,000.
    (3) A company may undertake to insure against the peril of flood to the extent such company is reinsured pursuant to the National Flood Insurance Program, and only if such company has and maintains policyholders' surplus equal to or greater than $100,000.
(Source: P.A. 88‑364.)

    (215 ILCS 120/6) (from Ch. 73, par. 1256)
    Sec. 6. Territories. The territories of a farm mutual insurance company are limited to its domiciliary county and counties contiguous thereto. However, territories may be expanded by amendment to its articles of incorporation in accordance with Section 7 of this Act.
    Territorial limitations shall not apply to reinsurance assumed from other farm mutual companies operating under this Act.
    Any farm mutual insurance company which does not wish to avail itself of additional territory authorized by Sections 6 or 7 of this Act or kinds of insurance authorized by Section 5 of this Act may retain the territorial authority contained in its articles of incorporation that were in effect on the effective date of this Act.
(Source: P.A. 84‑1431.)

    (215 ILCS 120/7) (from Ch. 73, par. 1257)
    Sec. 7. Additional Territory. Any farm mutual insurance company may amend its articles of incorporation to include other adjoining counties, provided that the company's net written premium did not exceed 3 times its policyholders' surplus as reported in its last financial statement. Subject to the approval of the Director of Insurance, any company having $150,000 policyholders' surplus may add one contiguous county to its territory, and may add one additional contiguous county for each additional $50,000 policyholders' surplus thereafter.
(Source: P.A. 84‑1431.)

    (215 ILCS 120/8) (from Ch. 73, par. 1258)
    Sec. 8. Amendment of Articles of Incorporation.
    (1) A farm mutual company may amend its articles of incorporation in any respect not in violation of this Act.
    (2) Amendments to the articles shall be made in the following manner:
    The board of directors shall adopt a resolution to amend the articles of incorporation and sign a Statement of Directors setting forth such resolution and deliver the Statement of Directors in duplicate to the Director of Insurance together with duplicate copies of the restated articles of incorporation to be approved or disapproved by the Director. If approved, the Director shall place on file in his office all of the documents so delivered to him except one of the duplicate originals of the amended articles of incorporation which shall be delivered to the farm mutual insurance company. The farm mutual insurance company shall file the duplicate original copy of the amended articles of incorporation for record, within 15 days after it has been delivered to the farm mutual insurance company, in the office of the Recorder of the domiciliary county.
    (3) Amended articles must set forth:
        (a) The corporate name which must include the words
     "Mutual Insurance Company".
        (b) The location of its principal office: city and
     county.
        (c) The period of duration, which may be perpetual.
        (d) The kinds of insurance as provided in Section 5
     of this Act, in which it proposes to write.
        (e) The exact number, terms of office of and the
     manner of electing the members of the board.
        (f) The date, time and place of the annual meeting
     of members.
        (g) The territory in which the farm mutual insurance
     company operates, pursuant to Sections 6 and 7 of this Act.
    (4) Each farm mutual insurance company shall hold an annual meeting of its members on the date and time and at the place specified in its articles of incorporation; immediately thereafter, a separate meeting of the board of directors shall be held for the purpose of electing officers. The annual meeting shall be held on or before the first day of May and shall be held in the domiciliary county where the home office of the company is located. At such meeting the Treasurer shall present an annual statement showing the condition of the company on December 31 of the preceding year.
    Notice of the annual meeting of the members shall be stamped or printed in or on the policy.
    (5) The number of directors shall not be less than 7, nor more than 15 members, a majority of whom shall constitute a quorum to do business, to be elected by ballot of the members and who shall be elected in the manner and for the length of time prescribed in the articles of incorporation. Directors may be elected for a period of no more than 3 years. No more than one‑half of the directors shall be elected in any one year. Said election shall be held at the annual meeting of the company. Every person insured shall be entitled to one vote and may cast the same in person or by proxy. Vacancies on the board shall be filled by the remaining directors until the next annual meeting.
    The directors shall elect from their number a president and at their option a vice president, and such additional officers as they may deem necessary, and shall also elect a treasurer, and a secretary, who may or may not be a member of the company. The offices of secretary and treasurer may be occupied by one person. All of such officers shall hold their office for one year, and until their successors are elected and qualified.
    (6) The company shall prepare and maintain a surety bond on any person handling company funds and on any officer, director, or employee for the faithful performance of his duties, in such amounts pursuant to the regulations promulgated by the Director.
(Source: P.A. 88‑364.)

    (215 ILCS 120/9) (from Ch. 73, par. 1259)
    Sec. 9. Qualification of Membership ‑ Of Directors ‑ Representatives ‑ Personal Liability. Only policyholders residing in the territory in which the farm mutual insurance company is authorized to write insurance shall become a director of such company.
    Any person, public or private corporation, board, estate or association owning property within the territory of such company may make applications, enter into agreements for and hold policies in any such company. Any officer, trustee, board member or legal representative of any such corporation, board, estate or association may be recognized as acting for or on its behalf for the purpose of such membership, but shall not be personally liable upon such contract of insurance by reason of acting in such representative capacity.
(Source: P.A. 84‑1431.)

    (215 ILCS 120/10) (from Ch. 73, par. 1260)
    Sec. 10. Property insurable; limitations of risk.
    (1) Farm mutual insurance companies are permitted to insure the following classes of property:
        (a) Farm property, including residences and other
     farm buildings and all classes of personal property in connection therewith, other than motor vehicles required to be licensed for road use, including such property temporarily located elsewhere;
        (b) Growing crops;
        (c) Buildings and personal property used in the
     processing of agricultural products in conjunction with a farming operation;
        (d) Residences, including household and personal
     effects, and including such property temporarily located elsewhere;
        (e) Churches, schools and community buildings and
     such property as may be properly contained therein.
    No farm mutual insurance company may insure any property within the limits of any city containing over 50,000 inhabitants at the time of the organization of the company.
    (2) No farm mutual insurance company authorized to write the kinds of insurance enumerated in Section 5 of this Act may expose itself to any loss on any one risk in an amount in excess of $20,000 plus 10% of its policyholders' surplus in excess of $20,000.
    A farm mutual insurance company insuring against the perils of wind or hail must have and maintain catastrophic reinsurance which limits the company's exposure on any one loss occurrence to 20% of its policyholders' surplus.
    No portion of any such risk which has been reinsured with a farm mutual insurance company or an insurance company authorized to write the kinds of insurance described in Class 2 or Class 3 of Section 4 of the Illinois Insurance Code shall be included in determining the limitation of risk described herein.
    For purposes of this Section:
    A single risk shall be all real and personal property in one fixed location and not separated by 50 feet.
    As regards the peril of wind or hail, the term "loss occurrence" shall mean all losses occasioned by tornadoes, cyclones, windstorms, hurricanes, or hail stones arising from the same atmospheric disturbance and occurring during any continuous period of not less than 48 hours.
    (3) Whenever the company's financial condition is such that the further assumption of risks might be hazardous to policyholders, the Director of Insurance may order the company to take one or more of the following steps:
        (a) To reduce the loss exposure by reinsurance;
        (b) To reduce the volume of business being written
     or renewed;
        (c) To suspend the writing of new business;
        (d) To suspend the writing of both new and renewal
     business;
        (e) To levy a special assessment of policyholders;
        (f) To reduce general or acquisition expenses by
     specified methods.
    (4) Whenever the Director determines that a farm mutual insurance company is insolvent he shall order the farm mutual insurance company to levy a special assessment within 30 days of receipt of such order. If the insolvency is not corrected within 90 days of the mailing of such assessment, the company shall be subject to liquidation pursuant to Article XIII of the Illinois Insurance Code.
(Source: P.A. 88‑364.)

    (215 ILCS 120/11) (from Ch. 73, par. 1261)
    Sec. 11. Premium and assessments. The company shall collect from its members such premiums, fees and assessments as the directors shall find necessary or as prescribed in the bylaws. Every policy issued pursuant to this Act shall contain a provision setting forth the contingent liability of its members. Each member shall be liable in accordance with the terms of his policy for his pro rata share of the amount necessary to pay all losses and necessary expenses incurred during the time for which his respective policy is written, and to maintain a policyholders' surplus. The company may in its bylaws limit the liability of its members during each year to an amount equal to not less than 3% of the insurance carried by the member.
    It shall be the duty of the Secretary, whenever an assessment shall have been made, to immediately notify every person composing such company, personally, by an agent or by letter sent to his usual post office address, of the purpose of such assessment and if for payment of a loss the amount of such loss, and the sum due from him as his share thereof, and of the time when and to whom such payment is to be made; but such time shall not be less than 30 nor more than 90 days from the date of such notice. Insurance policies issued pursuant to this Act shall provide that if a policyholder fails to pay an assessment levied in accordance with this paragraph within the prescribed time, the policy shall be suspended until such assessment is paid.
(Source: P.A. 84‑1431.)

    (215 ILCS 120/12) (from Ch. 73, par. 1262)
    Sec. 12. Investments. Without the prior approval of the Director, the funds of any company operating under or regulated by the provisions of this Act, shall be invested only in the following:
        (1) Direct obligations of the United States of
     America, or obligations of agencies or instrumentalities of the United States to the extent guaranteed or insured as to the payment of principal and interest by the United States of America;
        (2) Bonds which are direct, general obligations of
     the State of Illinois;
        (3) Bonds which are direct, general obligations of
     political subdivisions of the State of Illinois, subject to the following conditions:
            (a) Maximum of 5% of admitted assets in any one
         political subdivision;
            (b) Maximum of 30% of admitted assets in all
         political subdivisions in the aggregate;
        (4) Bonds that are obligations of the Federal
     National Mortgage Association subject to a maximum investment of 10% of admitted assets in the aggregate;
        (5) Bonds that are obligations of the Federal Home
     Loan Mortgage Corporation subject to a maximum investment of 10% of admitted assets in the aggregate;
        (6) Mutual funds subject to the following conditions:
            (a) Maximum of 3% of policyholders' surplus in
         any one balanced or growth mutual fund that invests in common stock;
            (b) Maximum of 5% of admitted assets in any one
         bond or income mutual fund or any one non‑governmental money market mutual fund;
            (c) Maximum of 10% of admitted assets in any one
         governmental money market mutual fund;
            (d) Maximum of 25% of admitted assets in all
             mutual funds in the aggregate;
        (7) Common stock and preferred stock subject to the
     following conditions:
            (a) Common stock and preferred stock shall be
         traded on the New York Stock Exchange or the American Stock Exchange or listed on the National Association of Securities Dealers Automated Quotation (NASDAQ) system;
            (b) Maximum of 3% of policyholders' surplus in
         excess of $400,000 in any one common stock or preferred stock issuer provided that the net unearned premium reserve does not exceed policyholders' surplus;
        (8) Investments authorized under subdivision (a) of
     item (6) and subdivision (a) of item (7) of this Section shall not in the aggregate exceed 10% of policyholders' surplus;
        (9) Funds on deposit in solvent banks and savings
     and loan associations which are insured by the Federal Deposit Insurance Corporation; however, the uninsured portion of funds held in any one such bank or association shall not exceed 5% of the company's policyholders' surplus;
        (10) Real estate for home office building purposes,
     provided that such investments are approved by the Director of Insurance on the basis of a showing by the company that the company has adequate assets available for such investment and that the proposed acquisition does not exceed the reasonable normal value of such property.
    An investment that qualified under this Section at the time it was acquired by the company shall continue to qualify under this Section.
    Investments permitted under this Section shall be registered in the name of the company and under its direct control or shall be held in a custodial account with a bank or trust company that is qualified to administer trusts in Illinois under the Corporate Fiduciary Act and that has an office in Illinois. However, securities may be held in street form and in the custody of a licensed dealer for a period not to exceed 30 days.
    Notwithstanding the provisions of this Act, the Director may, after notice and hearing, order a company to limit or withdraw from certain investments or discontinue certain investments or investment practices to the extent the Director finds those investments or investment practices endanger the solvency of the company.
(Source: P.A. 90‑794, eff. 1‑1‑99.)

    (215 ILCS 120/13) (from Ch. 73, par. 1263)
    Sec. 13. Annual statement ‑ filing of ‑ penalty for late filing. Every company authorized under this Act shall file with the Director by January 31 of each year a financial statement for the year ending December 31 of the year preceding on forms prescribed by the Director. A company may request the Director to grant an extension until February 15; however, such request must be received by the Department of Insurance no later than January 25. The Director shall not deny a request for an extension made by a company whose gross premium written for the year just ending exceeds $750,000.
    The Director may require that a company file quarterly financial statements which shall be due 30 days after the end of each quarter.
    A company failing to file its annual financial statements by January 31 or by February 15 (if the Director had previously granted such extension) shall pay to the Director, a penalty of $20 per day for each day after the due date that the statement was not received.
(Source: P.A. 84‑1431.)

    (215 ILCS 120/14) (from Ch. 73, par. 1264)
    Sec. 14. Membership requirement. Any company which, on or after December 31, 1988, fails to maintain a minimum of 100 members shall be subject to liquidation pursuant to Article XIII of the Illinois Insurance Code.
(Source: P.A. 84‑1431.)

    (215 ILCS 120/15) (from Ch. 73, par. 1265)
    Sec. 15. Application of law. Companies subject to this Act shall be subject to the provisions of Article X (Merger) and Article XXV of the Illinois Insurance Code but shall not be subject to any other provisions of the Illinois Insurance Code unless specifically enumerated therein.
(Source: P.A. 90‑583, eff. 5‑29‑98.)

    (215 ILCS 120/16) (from Ch. 73, par. 1266)
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