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Illinois Medical Malpractice Insurance Guide

Illinois defines medical liability insurance for its rate rules as insurance on risks based on negligence by a physician, hospital or other health care provider, subject to listed reinsurance and specified mutual-insurer exclusions. The code sets rate standards and permits risk classifications using factors such as size, experience and location or dispersion. A separate law bars refusal to offer qualifying insurance on the ground that a provider entered or plans to enter a Health Care Arbitration Act agreement. Neither provision guarantees a quote, a rate or a policy response; compare how the insurer classifies your practice and read the written policy. 1,2

What Is Medical Malpractice?

Medical malpractice insurance can pay defense costs and covered damages when a patient claims a clinician’s care caused harm. If you provide health care, match the quote to your practice, clinicians, specialties and procedures, then check who is insured. Read the national Medical malpractice guide.

What to Watch for in Illinois

  • Ask which practice characteristics drive the filed rate

    Section 155.18 applies to insurance on negligence risks involving physicians, hospitals or other health care providers, but excludes reinsurance and specified farm, county, district or township mutual insurers. It requires rates not to be excessive, inadequate or unfairly discriminatory and permits risk classifications using size, expense, management, individual experience, location or dispersion of hazard and other reasonable factors. Ask the carrier which classification and practice facts drove the filed rate; the statute does not set your premium or grant coverage. 1

  • An arbitration agreement alone cannot be the reason to refuse an offer

    For the statutory class of medical-liability insurance, an insurer cannot refuse to offer coverage to a physician, hospital or other healthcare provider solely because the provider entered or plans to enter a Health Care Arbitration Act agreement. The rule does not require any insurer to offer a policy for every risk and does not dictate policy wording. Ask for the actual offer and endorsement terms. 2

  • Compare policy mechanics apart from the statutory rules

    The cited Illinois rules govern rate treatment and one ground for refusing an offer; they do not establish that defense costs are outside limits, that consent-to-settle terms match, or that an entity is insured. Compare those contract terms and the retroactive date line by line, especially when moving from a group plan to an individual policy. 1,2

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 Medical malpractice; 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.

  • 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
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 19

Questions to Ask Before You Buy in Illinois

  1. What filed rating class and experience, geographic and practice-size factors were used for this quote?
  2. Are the clinician, entity, employed staff and locations all listed insureds for the actual scope of care?
  3. Does the issued form address arbitration agreements without changing defense, consent-to-settle or cooperation duties?
  4. Is this occurrence or claims-made coverage, and what retroactive date, prior-acts or tail protection follows the practice?

Medical Malpractice in Illinois: FAQ

Do these Illinois statutes require every provider to carry malpractice insurance? 1

The cited statutes define and regulate medical-liability insurance but do not establish a general insurance mandate for all Illinois healthcare businesses. Verify any occupation-specific, facility, employer, payer or contract requirement that applies to your situation. 1

Does the arbitration rule guarantee that an insurer will issue coverage? 2

No. It only prevents refusal based solely on entering or intending to enter a qualifying Health Care Arbitration Act agreement. Other eligibility and underwriting terms remain relevant. 2

Medical Malpractice in Other States

Other Coverage in Illinois

Sources

  1. 215 ILCS 5/155.18: Medical liability insurance rates. Illinois General Assembly; 215 ILCS 5/155.18(a)–(c), current official compiled text; scope and full stated exclusions, rate standards/factors, annual and changed-rate filings and officer/actuary certification; source note P.A. 103-426, effective Aug. 4, 2023. Accessed 2026-09-28.
  2. 215 ILCS 5/155.21: Medical liability insurance and arbitration agreements. Illinois General Assembly; 215 ILCS 5/155.21, full current official text and source note P.A. 95-331, effective Aug. 21, 2007; qualifying arbitration agreement must be pursuant to Health Care Arbitration Act; insurance defined here as negligence risks involving a physician, hospital, or other health care provider. Accessed 2026-09-28.
  3. Illinois Department of Insurance. Illinois Department of Insurance; Official agency homepage and agency information. Accessed 2026-09-28.
  4. File a Complaint. Illinois Department of Insurance; Official insurance complaint intake and consumer phone. Accessed 2026-09-28.
  5. Calculating & Remitting Taxes: Surplus Line Tax. Surplus Line Association of Illinois; Current surplus-line tax applicability and rate. Accessed 2026-09-28.
  6. 215 ILCS 5/445: Surplus line. Illinois General Assembly; Subsections (3)(a), (12): tax and code applicability. Accessed 2026-09-28.
  7. 215 ILCS 5: Illinois Insurance Guaranty Fund. Illinois General Assembly; Article XXXIV: cap, net-worth exclusions, exceptions, and non-admitted insurer exclusion. Accessed 2026-09-28.
  8. Illinois FAIR Plan Association. Illinois FAIR Plan Association; Plan overview and current eligibility information. Accessed 2026-09-28.
  9. Stamping Fees: Fee Calculation. Surplus Line Association of Illinois; Current stamping fee 0.04% of premium for policies effective January 1, 2023 or later; may be passed to insured. Accessed 2026-09-28.
  10. 50 Ill. Adm. Code § 2701.130: Taxes. Illinois Joint Committee on Administrative Rules; Surplus line producer pays 1% fire marshal tax on gross premiums less returned premiums for insurance subject to the Fire Investigation Act. Accessed 2026-09-28.
  11. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  12. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  13. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  14. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  15. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  16. About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
  17. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  18. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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