Illinois Compiled Statutes
215 ILCS 5/ - Illinois Insurance Code.
Article XXXVIIIA - Mine Subsidence Insurance

(215 ILCS 5/Art. XXXVIIIA heading)

 
(215 ILCS 5/801.1)
Sec. 801.1.
Purpose.
The purpose of this Article is to require insurers to
make mine subsidence insurance coverage available for residences, living units
and commercial buildings located in Illinois; to establish the Illinois Mine
Subsidence Insurance Fund; to divide the Fund into separate residential and
commercial sub-funds; and to make the Fund the reinsurer for the mine
subsidence insurance made available under this Article.

(Source: P.A. 88-379.)
 
(215 ILCS 5/802.1)
Sec. 802.1.
Definitions.
As used in this Article:
(a) "Commercial Building" means any building, other than a residence,
permanently affixed to realty located in Illinois, including basements,
footings, foundations, septic systems and underground pipes directly servicing
the building, but does not include sidewalks, driveways, parking lots, living
units, land, trees, plants, crops or agricultural field drainage tile.
(b) "Commercial Coverage" means mine subsidence insurance for a commercial
building.
(c) "Insurer" or "Insurers" means insurance companies and reciprocals
licensed and authorized to write Class 3 policies of insurance, as defined in
this Code, within Illinois.
(d) "Living Unit" shall mean that physical portion designated for separate
ownership or occupancy for residential purposes, of a building or group of
buildings, permanently affixed to realty located in Illinois, having elements
which are owned or used in common, including a condominium unit, a cooperative
unit or any other similar unit.
(e) "Living Unit Coverage" means mine subsidence insurance for a living unit
covering the losses described in Section 805.1(d).
(f) "Mine Subsidence" means lateral or vertical ground movement caused by a
failure initiated at the mine level, of man-made underground mines, including,
but not limited to coal mines, clay mines, limestone mines, and fluorspar mines
that directly damages residences or commercial buildings. "Mine Subsidence"
does not include lateral or vertical ground movement caused by earthquake,
landslide, volcanic eruption, soil conditions, soil erosion, soil freezing and
thawing, improperly compacted soil, construction defects, roots of trees and
shrubs or collapse of storm and sewer drains and rapid transit tunnels.
(g) "Mine Subsidence Insurance Fund" or "Fund" means the fund established by
this Article.
(h) "Policy" or "policies" means any contract or contracts of insurance
providing the coverage of the Standard Fire Policy and Extended Coverage
Endorsement on any residence, living unit or commercial building. It does not
include those
insurance contracts that are referred to as marine or inland marine policies.
(i) "Premium" or "premiums" means the gross amount charged to policyholders
for the mine subsidence insurance made available under this Article.
(j) "Rates" or "rate schedules" means the rates by which premiums shall be
computed for the mine subsidence insurance made available under this Article.
(k) "Residence" means a building used principally for residential purposes
up
to and including a four family dwelling, permanently affixed to realty located
in Illinois, including appurtenant structures, driveways, sidewalks, basements,
footings, foundations, septic systems and underground pipes directly servicing
the dwelling or building, but does not include living units, land, trees,
plants, crops or agricultural field drainage tile.
(l) "Residential Coverage" means mine subsidence insurance for a
residence.
(m) "Intergovernmental cooperative" means an intergovernmental
cooperative organized pursuant to Article VII, Section 10 of the Illinois
Constitution and Section 6 of the Intergovernmental Cooperation Act.

(Source: P.A. 90-499, eff. 8-19-97.)
 
(215 ILCS 5/803.1)
Sec. 803.1. Establishment of Fund.
(a) There is established a fund to be known as the "Illinois Mine Subsidence
Insurance Fund". The Fund shall operate pursuant to this Article. The Fund is
authorized to transact business, provide services, enter into contracts and sue
or be sued in its own name.
(b) The Fund shall provide reinsurance for mine subsidence losses to all
insurers writing mine subsidence insurance pursuant to this Article.
(c) The monies in the Fund shall be derived from premiums for mine
subsidence
insurance collected on behalf of the Fund pursuant to this Article, from
investment income and from receipt of Federal or State funds. No insurer shall
have any liability to the Fund or to any creditor of the Fund, except as may be
set forth in this Article, in the Articles of Governance which may be adopted
by the Fund, in a reinsurance agreement executed pursuant to Section 810.1,
in
the Plan of Operation established by the Fund, or in the rules and procedures
adopted by the Fund as authorized by the reinsurance agreement.
(d) The Fund shall establish its rates, rating schedules, deductibles and
retentions, minimum premiums,

classifications, and the maximum amount of reinsurance available per residence, commercial building, and living unit
for mine subsidence insurance which the Fund shall file
with the Director. The Director shall have 30 days from the
date of
receipt to approve or disapprove a rate filing. If no action is taken by the
Director within 30 days, the rate is deemed to be approved. The
Director
may, in writing, extend the period for an additional 30 days if
the
Director
determines that additional time is needed.
(e) The Fund shall establish its rates, rating schedules, deductibles and
retentions, minimum premiums,
classifications, and the maximum amount of reinsurance available per residence, commercial building, and living unit in such a manner as to satisfy all reasonably foreseeable
claims and expenses the Fund is likely to incur. The Fund shall give due
consideration to loss experience and relevant trends, premium and other income
and reasonable reserves established for contingencies in establishing the mine
subsidence rates.
(f) The Fund shall compile and publish an annual operating report.
(g) The Fund shall develop at least 2 consumer information publications to
aid the public in understanding mine subsidence and mine subsidence insurance
and shall establish a schedule for the distribution of the publications
pursuant
to the reinsurance agreement. Topics that shall be addressed shall include but
are not limited to:
(h) The Fund shall be empowered to conduct research programs in an effort to
improve the administration of the mine subsidence insurance program and help
reduce and mitigate mine subsidence losses consistent with the public
interest.
(i) The Fund may enter into reinsurance agreements with any
intergovernmental cooperative that provides joint self-insurance for mine
subsidence losses of its members. These reinsurance agreements shall be
substantially similar to reinsurance agreements described in Section 810.1.

(Source: P.A. 95-92, eff. 1-1-08; 95-334, eff. 1-1-08.)
 
(215 ILCS 5/804.1)
Sec. 804.1.
Management of the Fund.
(a) The Fund shall be managed by an 11 member Board of Directors, 6 of whom
shall be insurance industry directors, 4 of whom shall be public
directors, and one of whom shall be an Illinois licensed
insurance producer. The industry
directors shall be elected annually in the manner provided in Articles of
Governance adopted by the Fund. The public directors shall be appointed by the
Director, and shall not be employees of or otherwise affiliated with the
insurance industry. The Illinois licensed insurance producer shall be
appointed by the Director.
(b) The members of the Governing Committee of the Illinois Mine Subsidence
Insurance Fund established by Article XXXVIII who are members of the Governing
Committee as of December 31, 1993 shall become the members of the Board of
Directors of the Fund established by this Article on the effective date of this
Act, and shall continue to hold office until the next annual meeting of the
Fund.
(c) No later than the date of the next annual meeting of the Fund following
the effective date of this Act, the Director shall appoint 4 public directors,
one for a one-year term, one for a two-year term and 2 for three-year
terms.
No later than the date of the next annual meeting of the Fund following the
effective date of this amendatory Act of 1994, the Director shall appoint the
Illinois licensed insurance producer for a 2-year term. Thereafter, all public
directors and the licensed insurance producer shall be appointed for 3 year terms.
(d) As soon as practical after the effective date of this Act, the Fund
shall adopt Articles of Governance, which shall be submitted to the Director
for his review and approval.

(Source: P.A. 88-379; 88-667, eff. 9-16-94; 89-206, eff. 7-21-95.)
 
(215 ILCS 5/805.1)
Sec. 805.1. Mine Subsidence Coverage.
(a) Beginning January 1, 1994, every policy issued or renewed insuring a
residence on a direct basis shall include, at a separately stated premium,
residential coverage unless waived in writing by the insured. Beginning
January 1, 1994, every policy issued or renewed insuring a commercial building
on a direct basis shall include at a separately stated premium, commercial
coverage unless waived in writing by the insured. Beginning January 1, 1994,
every policy issued or renewed insuring a living unit on a direct basis shall
include, at a separately stated premium, living unit coverage unless waived in
writing by the insured.
(b) If the insured has previously waived mine subsidence coverage in
writing,
the insurer or agent need not offer mine subsidence coverage in any renewal or
supplementary policy in connection with a policy previously issued to such
insured by the same insurer, unless the insured subsequently makes a written
request for mine subsidence coverage.
(c) The premium charged for residential, commercial or living unit coverage
shall be the
premium level set by the Fund. The loss covered shall be the loss in excess of
the deductible or retention established by the Fund and contained in a
mine subsidence endorsement to the policy. For all policies issued or renewed on or after January 1, 2008, the reinsured loss per residence, per commercial building, and per living unit shall be the amounts established by the Fund and approved by the Director.

For all policies issued or renewed on or after January 1, 1996, the amount of
reinsurance available from the Fund shall not be less than $200,000 per
residence, $200,000 per commercial building, or $15,000 per living unit. The
Fund may, from time to time, adjust the amount of reinsurance available as long
as the minimum set by this Section is met.
(d) The residential coverage provided pursuant to this Article may also
cover
the additional living expenses reasonably and necessarily incurred by the owner
of a residence who has been temporarily displaced as the direct result of
damage to the residence caused by mine subsidence if the underlying policy also
covers this type of loss, provided however, that the loss covered under living
unit coverage shall be limited to losses to improvements
and betterments, and reimbursement of additional living expenses and
assessments made against the insured on account of mine subsidence loss.
(e) The total amount of the loss reimbursable to an insurer shall be limited
to the amount of
insurance reinsured by the Fund in force at the time when the damage first
becomes reasonably observable. All damage caused by a single mine subsidence
event or several subsidence events which are continuous shall constitute one
occurrence. As set forth in subsections (a) and (c) of this Section, a policy issued or renewed must provide coverage, unless waived in writing by the insured, and the insurer must continue to charge the premium level set for that coverage by the Fund. If mine subsidence coverage is in force when the mine subsidence damage first becomes reasonably observable, then the insurer shall notify the insured making the mine subsidence claim that continuation of that coverage thereafter may not be necessary and is optional, but that continued coverage on the damaged residence or commercial building shall terminate only upon written waiver by the insured. The notification shall be made within 60 days after the insurer receives written confirmation from the Fund that the cause of loss is active mine subsidence. The notification shall be in the form of a separate mailing to the insured from the insurer via the United States Postal Service and shall include notification to the insured that mine subsidence premiums paid for coverage on a damaged residence or commercial building subsequent to the established date of loss shall be refunded to the insured within 60 days after the insured provides a signed waiver of mine subsidence coverage to the insurer. The notification shall be accompanied by a waiver of coverage form for the insured to sign and return to the insurer.
(f) No insurer shall be required to offer mine subsidence coverage in
excess of the reinsured limits.

(Source: P.A. 98-1007, eff. 1-1-15.)
 
(215 ILCS 5/806.1)
Sec. 806.1.

Division of Fund Into Separate Residential and
Commercial Sub-funds.
(a) Effective January 1, 1994, the Fund shall establish 2
separate
sub-funds, a Residential Fund to provide reinsurance for mine subsidence losses
arising from residential and living unit coverage and a Commercial Fund to
provide reinsurance for mine subsidence losses arising from commercial
coverage. The assets and liabilities of the Fund shall be allocated to the two
sub-funds in such manner as determined by the Board of Directors, with the
approval of the Director. The two sub-funds shall continue to be managed by
the Board of Directors. Beginning January 1, 1994, all premiums received by
the Fund for residential coverage or living unit coverage shall be credited to
the Residential Fund, all losses and expenses for residential coverage or
living unit coverage shall be charged to the Residential Fund. All premiums
received by the Fund for commercial coverage shall be credited to the
Commercial Fund, and all losses and expenses for commercial coverage shall be
charged to the Commercial Fund. The Fund's overhead expenses shall be
allocated between the Residential Fund and the Commercial Fund on the basis of
annual written premium credited to each sub-fund. The assets and liabilities
of
the Residential and Commercial Funds shall be accounted for
separately. The assets of the Residential Fund shall not be used to reimburse
insurers for losses
for Commercial Coverage and the assets of the Commercial Fund shall not be used
to reimburse insurers for losses for residential coverage or living unit
coverage.
(b) No insurer shall be required to pay any claim for any loss reinsured
under
this Article except to the extent that the amount available in the Residential
Fund or the Commercial Fund, as the case may be, is sufficient to reimburse the
insurer for such payment.

(Source: P.A. 88-379; 89-206, eff. 7-21-95.)
 
(215 ILCS 5/807.1)
Sec. 807.1.

Exemption of Certain Counties by the
Director.
The Director shall exempt every policy insuring residences, living units or
commercial buildings located in any county of 1,000,000 or more inhabitants or
any county contiguous to any such county, and, upon request of the Fund,
may exempt every policy insuring residences, living units or commercial
buildings located in any other specified county of this
State, from the provisions of Section 805.1 of this Article.

(Source: P.A. 91-357, eff. 7-29-99.)
 
(215 ILCS 5/808.1)
Sec. 808.1.

Right of Insurers to Refuse to Provide Mine
Subsidence Coverage.
An insurer may refuse to provide mine subsidence coverage on a residence or
commercial building evidencing unrepaired mine subsidence damage until such
damage has been repaired.

(Source: P.A. 88-379.)
 
(215 ILCS 5/809.1)
Sec. 809.1.
Arbitration.
In the event of a dispute between a policyholder and an insurer as to whether
a residence or commercial building covered by mine subsidence insurance has
been damaged by mine subsidence, a policyholder shall have the right to submit
that dispute to arbitration in accordance with this Section. No policyholder
shall have the right under this Section to submit to arbitration any issue
regarding the amount of loss or damage caused to a residence or commercial
building by mine subsidence.
Arbitration may be initiated only after the insurer has made a decision that
the residence or commercial building covered by mine subsidence insurance was
not damaged by mine subsidence and so notified the policyholder in writing,
accompanied by a notice informing the policyholder of the policyholder's right
to arbitration and containing specific reference to this Section. Within 60
days after receipt by the policyholder of the notification, the policyholder
may initiate arbitration in accordance with the Commercial Arbitration Rules of
the American Arbitration Association, as then in effect. All costs of the
arbitration shall be borne by the losing party. Appeals from the decision of
the arbitrators shall be in accordance with the Uniform Arbitration Act as in
effect in Illinois.

(Source: P.A. 88-379.)
 
(215 ILCS 5/810.1)
Sec. 810.1.
Reinsurance Agreements.
All insurers shall enter into a
reinsurance agreement with the Fund. The reinsurance agreement shall be filed
with and approved by the
Director. The agreement shall provide that each
insurer shall cede 100% of any subsidence insurance written up to the limits
contained in Section 805.1(c) to the Fund and, in
consideration of the ceding
commission retained by the insurer, agrees to distribute informational
publications provided by the Fund on a schedule set by the Fund, undertake
adjustment of losses, payment of taxes, and all other expenses of the insurer
necessary for sale of policies and administration of the mine subsidence
insurance coverage. The Fund shall agree to reimburse the insurer for all
amounts reasonably and properly paid policyholders from claims resulting from
mine subsidence and for expenses specified in the reinsurance agreement. In
addition, the reinsurance agreement may contain, and may authorize the Fund to
establish and promulgate deductibles. The reinsurance agreement may also
contain reasonable rules and procedures covering
insurer documentation of losses; insurer reporting of claims, reports of
litigation, premiums and loss payments; loss payment review by the Fund;
remitting of premiums to the Fund; underwriting; and cause and origin
investigations; and procedures for
resolving disputes between the insurers and the Fund.

(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
 
(215 ILCS 5/811.1)
Sec. 811.1.
Distribution of Premiums.
The Fund is authorized to establish the proportion of total mine subsidence
insurance premiums collected by each insurer which shall be retained by the
insurer as a ceding commission, subject to review of the Director. The
remainder of such premiums shall be remitted by the insurer to the Fund at
times to be determined by the Fund. The ceding commission shall be uniform in
all reinsurance agreements entered into pursuant to Section 810.1 of this
Article
and shall be based on reasonable administrative costs to the insurers,
including agents' commissions.

(Source: P.A. 88-379.)
 
(215 ILCS 5/812.1)
Sec. 812.1.
Claim Payments.
The Residential or the Commercial Fund, as the case may be, shall reimburse
insurers for all amounts due within 90 days after receiving adequate
documentation, as set forth in the reinsurance agreement, the Plan of Operation
or in the operating rules and procedures adopted by the Fund, that the insurer
has properly paid the claim and is entitled to reimbursement by the Fund,
subject to the limitations imposed by Section 806.1.

(Source: P.A. 88-379.)
 
(215 ILCS 5/813.1)
Sec. 813.1.
Reporting Requirements.
Every insurer must report, at times designated by the Fund, such information
as is reasonably required by the Fund to conduct its affairs, establish claim
reserves, and reimburse insurers for losses paid to insureds.

(Source: P.A. 88-379.)
 
(215 ILCS 5/814.1)
Sec. 814.1.
Right of Recourse.
(a) The Fund shall have no right of recourse against the insurer, once the
Fund has reimbursed the insurer for any particular loss, unless the insurer has
failed to settle that loss in its customary manner, or in case of fraud by the
insurer.
(b) The Fund may seek recovery against the policyholder for unjust
enrichment
if, in the Fund's judgment, the policyholder was not entitled to the amounts
paid because of fraud, or a material violation of the policy conditions. The
insurer shall provide cooperation to the Fund.

(Source: P.A. 88-379.)
 
(215 ILCS 5/815.1)
Sec. 815.1.
Subrogation.
(a) All insurers issuing mine subsidence policies shall retain the right of
subrogation.
(b) The Fund, on its own behalf, may exercise the right of subrogation.
(c) Every insurer shall include in its reports an itemized list of all
losses
in subrogation and shall remit to the Fund all monies, less expenses, recovered
as the result of subrogation actions.

(Source: P.A. 88-379.)
 
(215 ILCS 5/817.1)
Sec. 817.1.
Powers of Director.
In addition to any powers conferred upon
him by this or any other law, the Director shall have the authority to
supervise the operations of the Fund and shall review the Fund's rates once
every three years. In addition the Director or any person designated by him
has the power:
(Source: P.A. 90-655, eff. 7-30-98.)

Structure Illinois Compiled Statutes