NATIONWIDE GENERAL INS. CO. v. SHAPO

No. 4-01-0524.

767 N.E.2d 936 (2002)

328 Ill. App.3d 1028

263 Ill.Dec. 210

NATIONWIDE GENERAL INSURANCE COMPANY, Plaintiff-Appellant, v. Nathaniel S. SHAPO, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees (Nationwide Mutual Fire Insurance Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Nationwide Property and Casualty Insurance Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Nationwide Life Insurance Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Nationwide Mutual Insurance Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; National Casualty Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Colonial Life and Accident Insurance Company; Commercial Life Insurance Company; Paul Revere Life Insurance Company; Paul Revere Protective Life Insurance Company; Paul Revere Variable Annuity Insurance Company; Provident Life and Accident Insurance Company; and UNUM Life Insurance Company of America, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; American Family Mutual Insurance Company and American Standard Insurance Company of Wisconsin, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Charter Oak Fire Insurance Company; Phoenix Insurance Company; Travelers Insurance Company; Travelers Indemnity Company; Travelers Indemnity Company of Connecticut, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Principal Life Insurance Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Connecticut General Life Insurance Company and Life Insurance Company of North America, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Primerica Life Insurance Company and Gulf Insurance Company, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Lake States Insurance Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Aetna Life Insurance and Annuity Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Aetna Life Insurance Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Hartford Fire Insurance Company; Hartford Accident and Indemnity Company; Hartford Casualty Company; Hartford Underwriters Insurance Company; Twin City Fire Insurance Company; Hartford Insurance Company of the Midwest; Hartford Life Insurance Company; Hartford Life and Accident Insurance Company; and ITT Hartford Life and Annuity Insurance Company, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Farmers Insurance Exchange; Mid-Century Insurance Company; and Truck Insurance Exchange, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; American Fire and Casualty Company; The Automobile Insurance Company of Hartford; The Charter Oak Fire Insurance Company; Fairmont Insurance Company; Farmington Casualty Company; First National Insurance Company of America; General Insurance Company of America; The Ohio Casualty Insurance Company; Ohio Security Insurance Company; The Phoenix Insurance Company; Principal Life Insurance Company; Reliance Insurance Company; Reliance National Indemnity Company; Reliance National Insurance Company; Safeco Insurance Company of America; Safeco National Insurance Company; TIG Countrywide Insurance Company; TIG Indemnity Company; TIG Insurance Company; TIG Insurance Company of Michigan; TIG Insurance Company of America; TIG Premier Insurance Company; Travelers Casualty and Surety Company of America; Travelers Casualty and Surety Company; Travelers Casualty and Surety Company of Connecticut; Travelers Commercial Insurance Company; The Travelers Home and Marine Insurance Company; The Travelers Indemnity Company of Connecticut; The Travelers Indemnity Company; The Travelers Insurance Company; The Travelers Life and Annuity Company; United Pacific Insurance Company; United Wisconsin Life Insurance Company; and West American Insurance Company, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Federal Insurance Company and The Great Northern Insurance Company, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; American Casualty Company of Reading, PA.; American Family Life Insurance Company; American Fire and Casualty Company; Athena Assurance Company; Boston Old Colony Insurance Company; The Buckeye Union Insurance Company; Columbus Life Insurance Company; Commercial Insurance Company of Newark, NJ.; The Continental Insurance Company; Fairmont Insurance Company; Farmers Insurance Exchange; The Fidelity and Casualty Company of New York; Fidelity and Guaranty Insurance Company; Fidelity and Guaranty Insurance Underwriters, Inc.; Firemen's Insurance Company of Newark, NJ.; First National Insurance Company of America; General Insurance Company of America; The Glens Falls Insurance Company; Kansas City Fire and Marine Insurance Company; The Mayflower Insurance Company, Ltd.; Mid-Century Insurance Company; Midwest Security Life Insurance Company; National Fire Insurance Company of Hartford; Niagara Fire Insurance Company; The Ohio Casualty Insurance Company; Safeco Insurance Company of America; Safeco National Insurance Company; Seaboard Surety Company; St. Paul Fire and Marine Insurance Company; St. Paul Mercury Insurance Company; St. Paul Guardian Insurance Company; St. Paul Medical Liability Insurance Company; TIG Countrywide Insurance Company; TIG Indemnity Company; TIG Insurance Company; TIG Insurance Company of Michigan; TIG Insurance Corporation of America; TIG Premier Insurance Company; Transcontinental Insurance Company; Truck Insurance Exchange; US Fidelity and Guaranty Company; Valley Forge Insurance Company; Valley Forge Life Insurance Company; West American Insurance Company; Western-Southern Life Assurance Company; and The Western and Southern Life Insurance Company, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Government Employees Insurance Company; Geico General Insurance Company; Geico Casualty Company; and Geico Indemnity Company, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Aetna Life Insurance Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Aetna Life Insurance and Annuity Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; American Family Life Insurance Company, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; The Lafayette Life Insurance Company; Ohio National Life Assurance Corporation; The Ohio National Life Insurance Company; State Auto Mutual Insurance Company; and State Auto Property and Casualty Insurance Company, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Agricultural Insurance Company; American Alliance Insurance Company; American National Fire Insurance Company; American Premier Insurance Company; American Spirit Insurance Company; Atlanta Specialty Insurance Company; Eagle American Insurance Company; Farmers Insurance Exchange; Great American Insurance Company; Hartford Accident and Indemnity Company; Hartford Casualty Insurance Company; Hartford Fire Insurance Company; Hartford Insurance Company of the Midwest; Hartford Life and Accident Insurance Company; Hartford Life Insurance Company; Hartford Underwriters Insurance Company; Infinity Insurance Company; ITT Hartford Life and Annuity Insurance Company; Mid-Century Insurance Company; Mid-Continent Casualty Company; Trumbull Insurance Company; Twin City Fire Insurance Company; and Windsor Insurance Company, Plaintiffs-Appellants, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Employers Insurance of Wausau, a Mutual Company, a Wisconsin Corporation, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees; Wausau Underwriters Insurance Company, a Wisconsin Corporation, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees, and Wausau Business Insurance Company, a Wisconsin Corporation, Plaintiff-Appellant, v. Nathaniel S. Shapo, Director of the Illinois Department of Insurance; Robert Enoex, Chief Counsel of the Illinois Department of Insurance; and The Illinois Department of Insurance, Defendants-Appellees).

Appellate Court of Illinois, Fourth District.

April 10, 2002.


Attorney(s) appearing for the Case

Joseph E. McMenamin, Dunn & McMenamin, Springfield, David A. Hughes, Horwood, Marcus & Berk, Chtd., Chicago, for Nationwide General Insurance Co.

Richard Bromley, R. Lee Christie, Mary Kay M. Martire (argued), Tracy D. Williams, Jason A. Bremer, Foley & Lardner, Chicago, for Colonial Life & Accident Insurance.

John A. Simon, Steven S. Shonder, Gardner, Carton & Douglas, Chicago, for Aetna Life Ins. & Annuity Co.

Jeffrey P. DeJong, Iain D. Johnston (argued), Andrea R. Harmon, Altheimer & Gray, Chicago, Robert E. Wagner, Spec. Asst. Atty. General, Ill. Dept. of Insurance, Springfield, for Nathaniel S. Shapo, Director, Dept. of Insurance.


Justice KNECHT delivered the opinion of the court:

Plaintiffs, foreign insurance companies, appeal the May 2001 order of the Sangamon County circuit court dismissing their consolidated complaints for administrative review, which plaintiffs filed after defendants, the Illinois Department of Insurance (Department), Nathaniel S. Shapo, Director of the Department (Director), and Robert Enoex, chief counsel of the Department, notified them the Director has no statutory...

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