Illinois: premium trust account rules
What Illinois requires of insurance producers holding premium funds, and what happens when those funds are diverted.
Citation
215 ILCS 5/500-70; 5/500-115; 5/141a
Source chart last reviewed this jurisdiction: 2/25
What the jurisdiction requires
Any money received by an insurance producer is held in a fiduciary capacity. Managing general agent shall hold in a fiduciary capacity all funds that are collected for the account of an insurer.
Penalties for diversion
The director may place on probation, suspend, revoke or refuse to renew or issue a license if the licensee has improperly withheld, misappropriated or converted any moneys or properties received while doing business. The director may impose a civil penalty of $10,000 for each cause for denial, suspension, or revocation, however, the civil penalty may not total more than $100,000. If an insurance producer or surplus line producer knowingly misappropriates or converts to his or her own use or illegally withholds fiduciary moneys in the amount of $150 or less, he or she is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for subsequent offenses. If an insurance producer or surplus line producer knowingly misappropriates or converts to his or her own use or illegally withholds premiums in excess of $150, he or she is guilty of a Class 3 felony.
This reference is not legal advice. Citations and summaries are transcribed from the NAIC's Fiduciary Responsibilities—Premiums chart (Spring 2025) and reflect that chart's own review dates, which vary by jurisdiction. Statutes change, and the chart may lag the current code. Confirm the current text of any provision with the jurisdiction's insurance department or your own counsel before relying on it.
Tie out a Illinois trust account
Tie your premium trust account out three ways — bank, ledger and what you owe — with Illinois's cited rule beside the worksheet. Runs in your browser; nothing is uploaded.
Trust account reconciliation worksheetKeep your trust account provably in balance
Policy Balance Hub tracks premium held in trust against what you owe each carrier, so the reconciliation an examiner asks for already exists.