Wis. Stat. § 632.11 — WI Code / Chapter 632 / Section 632.11
Residential contractors and postloss assignment of rights or benefits.
Status: in_force

(1) In this section:

(a) “Catastrophe” means a natural occurrence that damages or destroys residential real estate. “Catastrophe” includes any of the following:

1. Earthquake.

2. Fire.

3. Flood.

4. Hail storm.

5. Tornado.

6. Windstorm.

7. Any naturally occurring weather event for which the governor declares a state of emergency under s. 323.10 .

(am) “Postloss assignment” means a written transfer of any claim, right, or benefit under a property insurance policy after a covered loss has occurred, including a right to payment for repairs or services.

(b) “Residential contractor” means a person who is in the business of contracting to repair or replace residential roof systems or to perform any other repair, replacement, or reconstruction work, or provide other related services, to address damage to residential real estate caused by a catastrophe or a person who offers to contract with an owner or possessor of residential real estate to carry out such work. “Residential contractor” includes a person who is in the business of contracting to remove or repair trees.

(c) “Residential real estate” means a new or existing building, including a detached garage, constructed for habitation by one or 2 families.

(d) “Roof system” includes roof coverings, roof sheathing, roof weatherproofing, and roof insulation.

(2)

(a) No residential contractor may advertise or promise to rebate any insurance deductible or any portion thereof as an inducement to the sale of goods or services. A promise to rebate any insurance deductible includes granting any allowance, offering any discount, waiver, or reduction against the fees to be charged for goods or services, or providing or paying any person directly or indirectly associated with the residential real estate any form of compensation, except for items of nominal value. This paragraph shall not be construed to prohibit a residential contractor from displaying a sign or other type of advertisement on a person’s premises provided that the person consents to the display and the person receives no compensation from the residential contractor for the placement of the sign or other type of advertisement.

(b) No residential contractor may represent or negotiate on behalf of, or offer or advertise to represent or negotiate on behalf of, an owner or possessor of residential real estate for any insurance claim in connection with the repair or replacement of residential roof systems, the performance of any other repair, replacement, or reconstruction work on the residential real estate, or the removal or repair of trees.

(c)

1. A residential contractor contracting to provide goods or services to repair damage resulting from a catastrophe shall provide the person with whom the residential contractor is contracting a fully completed duplicate notice in at least 10-point bold type that contains the following statement:

2. The notice under subd. 1. shall be executed by the person with whom the residential contractor is contracting prior to or contemporaneously with entering into a contract to provide goods or services to repair damage resulting from a catastrophe.

(3) A postloss assignment of rights or benefits under a property insurance policy insuring residential real estate by a named insured to a residential contractor is subject to all of the following:

(a) The assignment may authorize a residential contractor only to be named as a copayee for the payment of benefits under the property insurance policy for work performed by the residential contractor.

(b) The assignment shall include all of the following:

1. An itemized description of the work to be performed.

2. An itemized description of the materials, labor, and any fees for the work to be performed.

3. A total amount to be paid for the work to be performed.

(c) The assignment shall include a statement that the residential contractor has made no assurances that the claimed loss will be fully covered under the property insurance policy and shall include the following notice in capitalized 14-point type:

(d) The assignment shall include the following notice in capitalized 14-point type located in the immediate proximity of the space reserved in the assignment for the signature of the named insured:

(e) The assignment shall not be construed to impair the interest of a mortgagee listed on the declarations page of the property insurance policy that is the subject of the assignment.

(f) The assignment shall not be construed to prevent or inhibit an insurer from communicating with the named insured or mortgagee listed on the declarations page of the property insurance policy that is the subject of the assignment.

(g) The residential contractor shall provide a copy of the executed assignment to the insurer of the residential real estate within 5 business days following the date that the assignment is executed.

(h) Subject to sub. (3c) , the named insured has the right to cancel the assignment for any reason within 5 business days following the date that the assignment is executed or the date on which the named insured receives a copy of the executed assignment, whichever is later. The cancellation must be made in writing. Within 10 business days following the date that the named insured cancels the assignment under this paragraph, the residential contractor shall tender to the named insured, the land owner, or the possessor of the real estate any payments, partial payments, or deposits that have been made by the named insured, land owner, or possessor.

(3c)

(a) In this subsection, “emergency situation” means a situation in which repair or other work is necessary to prevent imminent danger to life or safety, or to stop substantial, imminent damage to property, and in which the residential contractor reasonably determines that delay of the repair or other work would create or worsen the threat of imminent danger or damage.

(b) A named insured does not have a right to cancel under sub. (3) (h) if an emergency situation occurs and all of the following conditions are met:

1. The residential contractor provides written notice to the named insured describing the emergency situation and the basis for treating it as such.

2. The named insured acknowledges, in writing, the necessity to commence work promptly to address the emergency situation, except that acknowledgment is not required if delay would create an imminent risk to safety.

3. The residential contractor limits work to the minimum reasonably required to mitigate the emergency situation. Any work beyond the minimum reasonably required to mitigate the emergency situation shall be authorized in a separate written agreement between the residential contractor and the named insured.

4. The residential contractor documents and retains records related to the emergency situation, including the actions taken by the residential contractor and the basis for the residential contractor’s determination of the emergency situation.

(4) Any contract, repair estimate, or work order prepared by a residential contractor to provide goods or services to be paid from the proceeds of a property insurance policy that includes an assignment of rights or benefits provision shall comply with the requirements under sub. (3) , which assignment shall be signed by the named insured and sent to the named insured’s property insurance company prior to payment of any proceeds under the applicable property insurance policy.

(5)

(a) A contract entered into with a residential contractor is void if the residential contractor violates any provision of this section.

(b)

1. A residential contractor offering to provide services in this state is subject to ss. 601.41 , 601.42 , 601.61 , 601.63 , and 601.64 , except that any forfeitures or penalties shall be in the amounts specified in subd. 2.

2. If a residential contractor violates any provision of this section, the commissioner may, after notice and a hearing conducted in accordance with s. 601.62 , impose a forfeiture not to exceed $5,000 per violation.

(c) If the commissioner has reason to believe that any residential contractor is violating any provision of this section, the commissioner, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the residential contractor from the violation.

(6)

(a) If a residential contractor accepts a postloss assignment of rights or benefits under a property insurance policy insuring residential real estate by a named insured, the residential contractor shall pursue payment only from the property insurance company until all legal rights against the property insurance company are exhausted.

(b) If a named insured grants a postloss assignment of rights or benefits under a property insurance policy to a residential contractor, the property insurance company shall automatically, by operation of law and without further action by any party, receive an assignment of the named insured’s rights against the residential contractor under the terms of the contract with the residential contractor and under state law.

(c) A named insured who grants a postloss assignment of rights or benefits under a property insurance policy to a residential contractor may not pursue any noncontractual claims against the property insurance company. A residential contractor who accepts a postloss assignment of rights or benefits under a property insurance policy insuring residential real estate may pursue a noncontractual claim against the property insurance company only if the conduct that the claim is based on occurred before the assignment and is related to the loss for which the work is being performed.