Media liability in Illinois

Illinois Public Act 104-0431 expressly adds freedom of the press to the Citizen Participation Act and creates a stay for proceedings and discovery between the moving and responding parties when a qualifying motion is filed. The Act was approved on August 21, 2025, but says its changes apply only to actions commenced on or after January 1, 2026. Media buyers should ask their broker how the proposed defense terms address a motion and related expenses; the statute does not decide policy response. ^1,²

What Is Media Liability?

Media liability can help pay defense costs for claims about content you create or distribute, such as allegations of defamation or infringement. Consider it if you publish or produce content for your business or clients; match the quote to each activity. Read the national Media liability guide.

What to Watch for in Illinois

Check when the action began
The amended Act took effect when approved on August 21, 2025, but its new changes apply only to actions commenced on or after January 1, 2026. The filing date therefore matters when counsel evaluates which version applies; do not assume the new stay rule governs every pending dispute. ^1,²
Press activity is expressly included
The amended language includes freedom of the press among petition, speech, association, and participation in government. It says the claim need not solely pertain to those rights and that the claimant’s motives do not determine applicability; an immunity provision separately excludes activity not genuinely aimed at procuring favorable government action, result, or outcome. ¹
A motion can pause the case
For covered actions, filing the motion stays proceedings between the parties, including discovery, through the ruling and appeal window. The court may allow limited discovery; it may also hear unrelated motions or an injunction motion addressing an imminent public-health or safety threat for good cause. ¹
Fee awards are not one-sided in every case
A moving party that prevails receives reasonable fees and costs for the motion. A responding party that prevails receives them only if the court finds the motion frivolous or filed solely to delay. Ask the broker how the policy treats motion-related legal costs without assuming the statute requires reimbursement by an insurer. ¹

Who Regulates Insurance in Illinois

Illinois Department of Insurance

The Department licenses and oversees insurers and insurance producers doing business in Illinois, reviews regulated insurance activity, and investigates complaints about coverage, claims, premiums, and sales. ^3,^5,⁴

Surplus-lines tax and stamping office

Reported tax rate: 3.5% of taxable premium plus a 0.04% stamping fee; separate 1% fire marshal tax on taxable fire premium When Illinois is the insured’s home state, the broker reports and remits a 3.5% tax on gross taxable surplus-line premium less returned taxable premium. The separate SLAI stamping fee is 0.04% for policies effective on or after January 1, 2023; a 1% fire marshal tax also applies to taxable fire premium. ^7,^6,^10,^11,⁸

Surplus Line Association of Illinois

Illinois guaranty fund limits: For covered claims against a member insurer, the Illinois Insurance Guaranty Fund generally caps its obligation at $500,000 per claim; workers’ compensation claims are excepted from that dollar cap. This fund does not protect policies issued by nonadmitted surplus-lines insurers. The net-worth exclusions apply to covered claims against member insurers. ⁸
Illinois FAIR Plan: If you cannot obtain basic property coverage in the voluntary market, the Illinois FAIR Plan offers a residual-market option for eligible property. Check its current eligibility and coverage limits before relying on it for a commercial location. ⁹

Providers With Documented State Licenses

These providers publish a national listing for Media liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Illinois. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. ¹³
CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. ¹⁴

Questions to Ask Before You Buy in Illinois

Does the proposed policy explain how defense-cost advancement works for a motion that may pause discovery and other proceedings?
How does the policy define related claims if a publication and later coverage or commentary prompt separate demands?
Who controls counsel and settlement decisions when an early motion could change the path of a press-related case?