Missing the Original?
If you're missing the original policy or endorsement, that means you probably
already sent it to the insured. Illinois law (215
ILCS 5/445, Para. 6) states that it is illegal to deliver surplus line
contract documents to the insured unless they have been countersigned by the Association.
Bottom line ... you're going to jail.
Hoping to Avoid Doin' Time in the Big House?
Well, nothing can undo a criminal act, but the State of Illinois
still wants their tax money. So, you still need to file the documents.
If you're unable to retrieve the original, file using a copy. In order for
us to accept that copy, you must send an accompanying letter, on your
letterhead, stating that the original is (unavailable/already sent to the
insured/lost/stolen/eaten by your dog). So instead of filing the complete
original and one complete copy that we keep, you'll file two complete copies
(one of which we will keep). Remember, you've still broken the law and if,
in an audit, this fact or condition is discovered by a regulatory authority, you
could be fined, penalized and tortured. But the fines, penalties and electric shocks are even greater
if you don't get the documents filed and the taxes paid so, no matter what, get
the documents in to us!