reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 625 - Insurance — rate regulation. › 625.21 - Delaying effect of rates.

625.21
Delaying effect of rates.
(1)
Rule instituting delayed effect. If the commissioner finds that competition is not an effective regulator of the rates charged or that a substantial number of companies are competing irresponsibly through the rates charged, or that there are widespread violations of this chapter, in any kind or line of insurance or subdivision thereof or in any rating class or rating territory, he or she may promulgate a rule requiring that in the kind or line of insurance or subdivision thereof or rating class or rating territory comprehended by the finding any subsequent changes in the rates or supplementary rate information be filed with the commissioner at least 15 days before they become effective. The commissioner may extend the waiting period for not to exceed 15 additional days by written notice to the filer before the first 15-day period expires.
(2)
Supporting data. By rule, the commissioner may require the filing of supporting data as to any or all kinds or lines of insurance or subdivisions thereof or classes of risks or combinations thereof as the commissioner deems necessary for the proper functioning of the rate monitoring and regulating process. The supporting data shall include:
(a)
The experience and judgment of the filer, and, to the extent it wishes or the commissioner requires, of other insurers or rate service organizations;
(b)
Its interpretation of any statistical data relied upon;
(c)
Descriptions of the actuarial and statistical methods employed in setting the rates; and
(d)
Any other relevant matters required by the commissioner.
(3)
Expiration of rule. A rule promulgated under sub. (1) shall expire no more than one year after issue. The commissioner may renew it after a hearing and appropriate findings under sub. (1).
(4)
Supporting information. Whenever a filing is not accompanied by the information the commissioner requires under sub. (2), the commissioner may so inform the insurer and the filing shall be deemed to be made when the information is furnished.
History:  1979 c. 102; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 625 - Insurance — rate regulation. › 625.22 - Disapproval of rates.

625.22
Disapproval of rates.
(1)
Order in event of violation. If the commissioner finds after a hearing that a rate is not in compliance with s. 625.11, the commissioner shall order that its use be discontinued for any policy issued or renewed after a date specified in the order.
(2)
Timing of order. The order under sub. (1) shall be issued within 30 days after the close of the hearing or within such reasonable time extension as the commissioner may fix.
(3)
Approval of substituted rate. Within one year after the effective date of an order under sub. (1), no rate promulgated to replace a disapproved one may be used until it has been filed with the commissioner and not disapproved within 30 days thereafter.
(4)
Interim rates. Whenever an insurer has no legally effective rates as a result of the commissioner's disapproval of rates or other act, the commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by the commissioner. When new rates become legally effective, the commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are trifling shall not be required.
History:  1979 c. 102 s. 236 (6), (21); 1979 c. 110.
Read together, ss. 625.11 and 625.22 provide that the insurance commissioner shall disapprove any rate that destroys competition, thus providing a regulatory remedy for rates that constitute restraints of trade and barring private rate-related suits for damages. Prentice v. Minnesota Title Ins. Co. 176 Wis. 2d 714, 500 N.W.2d 658 (1993).
2023 Wisconsin Statutes & Annotations › Chapter 625 - Insurance — rate regulation. › 625.23 - Special restrictions on individual insurers.

625.23
Special restrictions on individual insurers.
The commissioner may by order require that a particular insurer file any or all of its rates and supplementary rate information 15 days prior to their effective date, if and to the extent that he or she finds, after a hearing, that the protection of the interests of its insureds and the public in this state requires closer supervision of its rates because of the insurer's financial condition or rating practices. The commissioner may extend the waiting period for any filing for not to exceed 15 additional days by written notice to the insurer before the first 15-day period expires. A filing not disapproved before the expiration of the waiting period shall be deemed to meet the requirements of this chapter, subject to the possibility of subsequent disapproval under s. 625.22.
History:  1979 c. 102.
2023 Wisconsin Statutes & Annotations › Chapter 625 - Insurance — rate regulation. › 625.31 - Operation and control of rate service organizations.

625.31
Operation and control of rate service organizations.
(1)
License required. No rate service organization shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall utilize the services of such organization for such purposes unless the organization has obtained a license under s. 625.32.
(2)
Availability of services. No rate service organization shall refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services.
2023 Wisconsin Statutes & Annotations › Chapter 625 - Insurance — rate regulation. › 625.32 - Licensing.

625.32
Licensing.
(1)
Application. A rate service organization applying for a license as required by s. 625.31 shall include with its application:
(a)
A copy of its constitution, charter, articles of organization, agreement, association or incorporation, and a copy of its bylaws, plan of operation and any other rules or regulations governing the conduct of its business;
(b)
A list of its members and subscribers;
(c)
The name and address of one or more residents of this state upon whom notices, process affecting it or orders of the commissioner may be served;
(d)
A statement showing its technical qualifications for acting in the capacity for which it seeks a license; and
(e)
Any other relevant information and documents that the commissioner may require.
(2)
Change of circumstances. Every organization which has applied for a license under sub. (1) shall thereafter promptly notify the commissioner of every material change in the facts or in the documents on which its application was based.
(3)
Granting of license. If the commissioner finds that the applicant and the natural persons through whom it acts are competent, trustworthy, and technically qualified to provide the services proposed, and that all requirements of law are met, he or she shall issue a license specifying the authorized activity of the applicant. The commissioner may not issue a license if the proposed activity would tend to create a monopoly or to lessen or destroy price competition.
(4)
Duration. Licenses issued pursuant to this section shall remain in effect until the licensee withdraws from the state or until the license is suspended or revoked.
(5)
Amendments to constitution and bylaws. Any amendment to a document filed under sub. (1) (a) shall be filed at least 30 days before it becomes effective. Failure to comply with this subsection shall be a ground for revocation of the license granted under sub. (3).
History:  1979 c. 102.
2023 Wisconsin Statutes & Annotations › Chapter 625 - Insurance — rate regulation. › 625.33 - Binding agreements by insurers.

625.33
Binding agreements by insurers.
No insurer shall assume any obligation to any person other than a policyholder or other companies under common control to use or adhere to certain rates or rules, and no other person shall impose any penalty or other adverse consequence for failure of an insurer to adhere to certain rates or rules.
2023 Wisconsin Statutes & Annotations › Chapter 625 - Insurance — rate regulation. › 625.34 - Recording and reporting of experience.

625.34
Recording and reporting of experience.
The commissioner shall promulgate or approve reasonable rules, including rules providing statistical plans, for use thereafter by all insurers in the recording and reporting of loss and expense experience, in order that the experience of such insurers may be made available to the commissioner. No insurer shall be required to record or report its experience on a classification basis inconsistent with its own rating system. The commissioner may designate one or more rate service organizations to assist the commissioner in gathering such experience and making compilations thereof, which shall be made available to the public.
History:  1979 c. 102 s. 236 (21).
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.02 - Definitions.

626.02
Definitions.
In this chapter, unless the context indicates otherwise:
(1)
“Bureau" means the Wisconsin compensation rating bureau provided for in s. 626.06.
(2)
“Rate service organization" has the meaning designated for the term under s. 625.02 (2).
History:  1975 c. 148; 1983 a. 189.
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.03 - Scope of application.

626.03
Scope of application.
This chapter applies to all worker's compensation insurance written on risks or operations in this state, employers' liability insurance when written in connection with worker's compensation insurance or insurance covering any part of the liability of an employer exempted from insuring the employer's liability for compensation under s. 102.28.
History:  1975 c. 148, 199.
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.09 - General provisions concerning the bureau.

626.09
General provisions concerning the bureau.
(1)
Purposes. The bureau has the following purposes:
(a)
To establish, maintain and administer rules, regulations, classifications, rates and rating plans to govern the transaction of insurance included in s. 626.03;
(b)
To cooperate with other rate service organizations and with insurers in the development of rules, rates and rating plans and insurance policies and forms;
(c)
To secure and analyze statistical and other data required to accomplish these purposes;
(d)
To inspect and classify risks;
(e)
To file with the commissioner on behalf of its members every manual of classifications, rules and rates, every rating plan and every modification of any of them proposed for use in this state;
(f)
To assist the commissioner and insurers in the promotion of safety in industry; and
(g)
To assist in any matter necessary for the accomplishment of these purposes.
(2)
Licensing. The bureau's license which it holds under s. 205.03 (2), 1973 stats., immediately prior to January 17, 1976 shall continue as its license under s. 625.32, and thereafter the bureau shall be treated as if it had applied for and had received a license under s. 625.32.
(3)
Examinations. Sections 601.43 to 601.45 apply to the bureau.
(4)
Fees. Section 601.31 (1) (c) 2. applies to the bureau.
History:  1975 c. 148; 1979 c. 102 s. 237.
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.11 - Rate standards.

626.11
Rate standards.
(1)
General. Rates determined under this chapter shall not be excessive, inadequate or unfairly discriminatory.
(2)
Excessiveness. Rates determined under this chapter are not excessive merely because a reasonable margin is allowed for a profit.
(3)
Adequacy. The commissioner shall approve a minimum adequate pure premium for each classification under which worker's compensation insurance is written. No insurer writing any insurance specified under s. 626.03 may use a pure premium less than that approved by the commissioner.
History:  1975 c. 148, 199.
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.12 - Rating methods.

626.12
Rating methods.
In determining whether rates comply with the standards under s. 626.11, the following criteria shall be applied:
(1)
Basic factors in rates. Due consideration shall be given to past and prospective loss and expense experience within and outside this state, to catastrophe hazards and contingencies, to a reasonable margin for profit, to dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, and to all other relevant factors.
(2)
Classification. Risks may be classified in any reasonable way for the establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.
(3)
Physical impairment. Rates or rating plans may not take into account the physical impairment of employees. Any employer who applies or promotes any oppressive plan of physical examination and rejection of employees or applicants for employment shall forfeit the right to experience rating. If the department of workforce development determines that grounds exist for such forfeiture it shall file with the commissioner a certified copy of its findings, which shall automatically suspend any experience rating credit for the employer. The department shall make the determination as prescribed in ss. 103.005 (5) (b) to (f), (6) to (11), (13) (b) to (d) and (16), so far as such subsections are applicable, subject to review under ch. 227. Restoration of an employer to the advantages of experience rating shall be by the same procedure.
History:  1975 c. 148; 1995 a. 27 ss. 7037, 9130 (4); 1997 a. 3.
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.13 - Approval of rates and rating plans.

626.13
Approval of rates and rating plans.
The bureau shall file with the commissioner on behalf of its members every manual of classifications, rules and rates, every rating plan and every modification of any of them proposed for use in this state. Every such filing shall state its proposed effective date. The bureau shall also file the information upon which it supports the filings. All filings must comply with the law and shall not be effective nor used until approved by the commissioner. A filing that has been on file for 30 days is deemed to meet the requirements of ss. 626.11 and 626.12 unless the commissioner earlier disapproves in a written order.
History:  1975 c. 148.
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.22 - Disapproval of rates.

626.22
Disapproval of rates.
(1)
Order in event of violation. If the commissioner finds after a hearing that a filing already in effect under s. 626.13 fails to meet the requirements of the law, the commissioner shall order that its use be discontinued for any policy issued or renewed after a date specified in the order.
(2)
Timing of order. The commissioner shall issue an order under s. 626.13 within 30 days after the filing and issue an order under sub. (1) within 30 days after the close of the hearing. In either case the commissioner may extend the period for a reasonable time by written order prior to the expiration of the time limit.
(3)
Interim rates. Whenever an insurer has no legally effective rates as a result of an order by the commissioner under s. 626.13 or sub. (1), the commissioner shall on request specify interim rates for the insurer and may order that a specified portion of the premiums be placed in an escrow account approved by the commissioner. When new rates become legally effective, the commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds that are trifling shall not be required.
History:  1975 c. 148, 199; 1979 c. 110.
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.25 - Use of rates.

626.25
Use of rates.
(1)
Approval required. No insurer writing any insurance specified under s. 626.03 may use a rate, rating plan or classification nor an expense loading not approved by the commissioner.
(2)
Unfair discrimination. No insurer writing any insurance specified under s. 626.03 may make or charge any rate which discriminates unfairly between risks or classes, nor discriminates unfairly between risks in the application of rating plans, nor discriminates by granting to any employer insurance against other hazards except in accordance with its rates and rating plans filed and which are in effect for the insurer under ch. 625 nor at less than its legal rates for the insurance if that chapter is inapplicable.
History:  1975 c. 148.
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.32 - Development of rates by bureau.

626.32
Development of rates by bureau.
(1)
Acquisition of information.
(a)
General. Every insurer writing any insurance specified under s. 626.03 shall report its insurance in this state to the bureau at least annually, on forms and under rules prescribed by the bureau. The bureau shall file, under rules promulgated by the department of workforce development, a record of such reports with that department. No such information may be made public by the bureau or any of its employees except as required by law and in accordance with its rules. No such information may be made public by the department of workforce development or any of its employees except as authorized by the bureau.
(b)
Payroll audits. Payroll audits by insurers shall show information classified under the statistical plan and shall be correct as to amount in each classification. The commissioner or the bureau may check any payroll audit and upon written complaint alleging facts that if true would create serious doubt about the accuracy of the payroll audit shall check it.
(2)
Classifications and plans. The commissioner shall promulgate a statistical plan, which shall give due consideration to the rating system on file with the commissioner and seek to make the plan as uniform among the several states as is practicable. The statistical plan may be modified from time to time. It shall be used thereafter by each insurer in the recording and reporting under sub. (1) of its Wisconsin loss and country-wide expense experience. The rules and statistical plan may also provide for the recording and reporting of expense experience items which are specially applicable to this state. The bureau shall assign each compensation risk to its proper class, and its classification shall be used by all insurers writing any insurance specified under s. 626.03. On behalf of all members the bureau shall inspect and make a written survey of compensation risks to determine their proper classifications, shall maintain a record of its classification of risks and the written surveys of all risks inspected by it showing such facts as are material in the writing of insurance thereon.
(3)
Aids in rate-making. The commissioner and every insurer and rate service organization may exchange information and experience data with insurance supervisory officials, insurers and rate service organizations in other states and may consult with them with respect to rate-making and the application of rates. The commissioner may designate one or more rate service organizations to assist the commissioner in gathering experience and making compilations thereof, and the compilations shall be made available to insurers and rating organizations.
History:  1975 c. 148, 199; 1995 a. 27 s. 9130 (4); 1997 a. 3; 2001 a. 37.
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.35 - Worker's compensation insurance contracts.

626.35
Worker's compensation insurance contracts.
(1)
Filing. An insurer who provides a contract under s. 102.31 (1) (a) or 102.315 (3), (4), or (5) (a) shall file with the bureau a copy of the contract, or other evidence of the contract as designated by the bureau, not more than 60 days after the effective date of the contract.
(2)
Penalty. The bureau may assess a penalty, in accordance with a schedule adopted by the bureau, against an insurer who fails to comply with sub. (1).
History:  1989 a. 64 s. 45; 1989 a. 332 ss. 1, 14; Stats. 1989 s. 626.35; 2007 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 626 - Rate regulation in worker's compensation insurance. › 626.51 - Other rate service organizations.

626.51
Other rate service organizations.
Any group, association or other organization which assists the bureau in rate-making by the collection and furnishing of loss and expense statistics or by the submission of recommendations is a rate service organization and shall be governed by ss. 625.31 and 625.32.
History:  1975 c. 148.
2023 Wisconsin Statutes & Annotations › Chapter 627 - Underwriting restrictions. › 627.05 - Classifications of insurance.

627.05
Classifications of insurance.
The commissioner may by rule define and delimit lines and classes of insurance for any purposes within the commissioner's regulatory power, including:
(1)
To delimit the underwriting powers of insurers doing business in this state;
(2)
To provide a basis for determining the financial needs of insurers under s. 611.19 or comparable provisions of other chapters;
(3)
To provide instructions for reports and replies under s. 601.42;
(4)
To restrict combinations of lines or classes of insurance; and
(5)
To determine which rules under ch. 632 are applicable.
History:  1975 c. 372, 421; 1979 c. 221.
2023 Wisconsin Statutes & Annotations › Chapter 627 - Underwriting restrictions. › 627.06 - Combinations of policies.

627.06
Combinations of policies.
Subject to any other provisions in this chapter, the commissioner may by rule establish standards for the combination of different kinds of coverages in policies and may specify whether premiums must be separately stated for each.
History:  1975 c. 372; 1979 c. 221.
2023 Wisconsin Statutes & Annotations › Chapter 627 - Underwriting restrictions. › 627.15 - Indemnity agreements for surety corporation.

627.15
Indemnity agreements for surety corporation.
Any insurer writing surety or fidelity insurance may contract for indemnity or security for any suretyship or fidelity obligation incurred by it; and any fiduciary from whom such an obligation is required or permitted by law may deposit any money and other property which the fiduciary has the power to make available for the indemnity or security with a responsible financial institution as depository in a manner that prevents the withdrawal or alienation thereof without the written consent of the surety or an order of a court or judge thereof having jurisdiction of the fiduciary, made on such notice to the surety as the court or judge may direct. The commissioner shall take the existence of a systematic practice of making such arrangements into account in assessing the financial condition of the insurer and its underwriting capacity and limits.
History:  1975 c. 372, 421.
2023 Wisconsin Statutes & Annotations › Chapter 627 - Underwriting restrictions. › 627.18 - Variable contracts.

627.18
Variable contracts.
No insurer may deliver within this state any contract providing life or annuity benefits in variable amounts until the insurer has satisfied the commissioner that its condition and methods of operation in connection with such contracts do not render its operation hazardous to the public or its policyholders in this state. In determining the qualification of an insurer requesting authority to deliver such contracts within the state, the commissioner shall consider, among other things:
(1)
The history and financial condition of the insurer;
(2)
The character, responsibility and general fitness of the insurer's officers and directors; and
(3)
In the case of a nondomestic insurer, whether the regulation provided by the state of its domicile or the jurisdiction in which its head office is located provides protection to policyholders and the public substantially equal to that provided by chs. 600 to 646 and the rules issued thereunder.
History:  1975 c. 372; 1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 627 - Underwriting restrictions. › 627.23 - Reinsurance.

627.23
Reinsurance.
(1)
Power to accept reinsurance. Except as limited by s. 612.33 in the case of town mutuals, an authorized insurer may assume as a reinsurer any risks it may write directly. Subject to chs. 611 to 618 or to any limitation imposed on a nondomestic insurer by law of its domicile, the commissioner may also authorize an insurer to accept as a reinsurer designated classes of risks it is not authorized to write directly.
(2)
Power to cede reinsurance. Subject to s. 611.78, any authorized insurer may cede to any insurer authorized to assume it under chs. 611 to 618 and sub. (1) any liability it has undertaken on risks lawfully written under its certificate of authority. It may also cede reinsurance to any authorized agency of the federal government or of this state. Subject to rules promulgated by the commissioner for calculation of its reserves and its surplus, and subject to sub. (3), an authorized insurer may also cede reinsurance to an unauthorized insurer.
(3)
Reinsurance in unsound reinsurer. No person may knowingly cede reinsurance or permit it to be ceded to any reinsurer not in sound financial condition. If the reinsurer is authorized to do business in this state or any other jurisdiction specified by the commissioner by rule, or is included on a list prepared by the commissioner or approved by the commissioner for that purpose, there is a rebuttable presumption that it is in sound financial condition.
(4)
Assumption of unauthorized business. Any authorized reinsurer knowingly assuming from an unauthorized insurer risks that may lawfully be written only by an authorized insurer shall immediately report the facts respecting the transaction to the commissioner. The assuming reinsurer is liable for the tax and penalties specified in s. 618.43 (1), but may take credit therefor in its settlement of accounts with the ceding insurer, unless its agreement with the unauthorized ceding insurer took such taxes into account.
(5)
Retirement from business. Any authorized reinsurer proposing to withdraw from a class of its business in this state, except by nonrenewal of existing contracts at their expiration, shall give the commissioner 60 days' written notice of its intention and shall not withdraw until after lapse of that time. This subsection does not apply to transactions involving an insignificant market share of the class of business in this state.
History:  1975 c. 372, 421.
Absent proof that the agent knew, or should have known, of financial problems of the reinsurer from whom the agent procured insurance, the agent is not liable when the reinsurer later becomes insolvent. Master Plumbers Limited Mutual Liability Co. v. Cormany & Bird, Inc. 79 Wis. 2d 308, 255 N.W.2d 533 (1977).
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.01 - Purposes.

628.01
Purposes.
The purposes of this chapter are:
(1)
To encourage improvement in the professional competence of insurance intermediaries;
(2)
To provide maximum freedom of marketing methods for insurance, consistent with the interests of the public in this state;
(3)
To preserve and encourage competition at the consumer level;
(4)
To limit the adverse effects of imperfect competition on the cost of insurance; and
(5)
To regulate insurance marketing practices in conformity with the general purposes of chs. 600 to 655.
History:  1975 c. 371; 1979 c. 89; 1989 a. 187 s. 29.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.03 - Requirement of license.

628.03
Requirement of license.
(1)
General. No natural person may perform, offer to perform, or advertise any service as an intermediary in this state, unless the natural person obtains a license under s. 628.04 or 628.09, and no person may utilize the services of another as an intermediary if the person knows or should know that the other does not have a license as required by law. The licensing requirements of this subsection do not apply to a person who solely procures unauthorized insurance, as defined in s. 618.40 (11), that is not surplus lines insurance, as defined in s. 618.40 (10).
(1m)
Risk purchasing groups. No natural person may solicit, negotiate or obtain insurance on behalf of a risk purchasing group which does business in this state unless the natural person obtains a license under s. 628.04 or 628.09. A risk purchasing group may not allow a natural person to solicit, negotiate or obtain insurance on its behalf if the risk purchasing group knows that the natural person is not licensed as required by this subsection.
(2)
Exemptions. The commissioner may by rule exempt certain classes of natural persons from the requirement of obtaining a license:
(a)
If the functions they perform do not require special competence or trustworthiness or the regulatory surveillance made possible by licensing; or
(b)
If other existing safeguards make regulation unnecessary.
(3)
Validity of contract. No insurance contract is invalid as a result of a violation of this section.
History:  1975 c. 371, 421; 1981 c. 38; 1987 a. 247; 2011 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.05 - Licensing of town mutual agents.

628.05
Licensing of town mutual agents.
(1)
General exemption. Except as otherwise provided in sub. (2), or by rule promulgated by the commissioner, persons engaged in soliciting insurance exclusively for town mutuals are not subject to the licensing requirements of s. 628.03 (1).
(2)
Agents soliciting insurance requiring reinsurance. No person may solicit any application for a contract providing coverage of the kind specified in s. 612.31 (3) unless the person first obtains a license to do so under this chapter. The license need be only for those coverages the town mutual is authorized to write and any examination of applicants shall be appropriately limited.
History:  1975 c. 371, 421; 2011 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.06 - Licensing of fraternal agents.

628.06
Licensing of fraternal agents.
(1)
General provision. Subject to sub. (2), an agent of a fraternal is subject to the same licensing requirements as an agent for any other insurer doing the same lines of business, unless the agent was an agent for a fraternal immediately prior to October 2, 1963, and is still such an agent on June 19, 1976. The agent's authority under this exception ceases upon ceasing, for however short a period, to be an agent for a fraternal.
(2)
Part-time fraternal agents. An agent for one or more fraternals who devotes or intends to devote less than half-time to the solicitation of insurance business is not subject to the requirements of sub. (1). A person is presumed to have devoted half-time to the solicitation of insurance business if in the preceding calendar year the person procured life insurance contracts in a face amount in excess of $50,000, or, in the case of other kinds of insurance, on the persons of more than 25 individuals, and if the person received compensation therefor.
History:  1975 c. 373, 421.
Legislative Council Note, 1975: These subsections continue the general thrust of s. 208.21. The grandfather clause is considerably restricted. The part-time exception in sub. (2) reflects the informal and nonprofessional nature of some of the marketing methods of the smaller fraternals; some question may be raised about the merits of the exception, but it reflects strongly held views. It clearly permits nonprofessional solicitation of new members by existing members, when no compensation is involved. [Bill 643-S]
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.07 - Licensing of nonresidents.

628.07
Licensing of nonresidents.
The commissioner shall waive any examination requirement for a nonresident applicant under s. 628.04 if the applicant's home state or state of residence has issued the applicant a license for which the qualifications are equivalent to the qualifications for a license issued by this state and if that license is in good standing at the time of application.
History:  1975 c. 371, 421; 2015 a. 90.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.08 - Changes in status of intermediaries.

628.08
Changes in status of intermediaries.
Every change in the members of a partnership or a limited liability company or the principal officers of a corporation licensed as an intermediary, every significant change in management powers in the entity, and so far as it relates to competency or trustworthiness as an intermediary, every change in the status and relationships of a natural person licensed as an intermediary, shall be reported to the commissioner promptly by the intermediary, in such detail and form as the commissioner by rule prescribes.
History:  1975 c. 371; 1993 a. 112.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.09 - Temporary licenses.

628.09
Temporary licenses.
(1)
Issuance of license. Except as provided in s. 628.095 or 628.097, the commissioner may issue a temporary license as an intermediary for a period of not more than 12 months to the personal representative of a deceased or mentally disabled intermediary, or to a person designated by an intermediary who is otherwise disabled or has entered active duty in the U.S. armed forces, in order to give time for more favorable sale of the goodwill of a business owned by the intermediary, for the recovery or return of the intermediary, or for the orderly training and licensing of new personnel for the intermediary's business.
(2)
Limitation on authority. The commissioner may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed intermediary or insurer and who assumes full legal responsibility for all acts and omissions of the temporary licensee, may impose special bonding requirements and may impose other similar requirements designed to protect insureds and the public.
(3)
Examinations. The commissioner may administer an examination as a prerequisite to the issuance of a temporary license.
(4)
Duration of license. The commissioner may by order revoke a temporary license if the interests of insureds or the public are endangered. A temporary license may not be extended beyond the initial period specified under sub. (1). A temporary license may not continue after the owner or the personal representative disposes of the business.
(5)
Fees. The fees for a temporary license are the same as for a permanent license.
(6)
Status of temporary licensee. A temporary licensee is a fully qualified intermediary for all purposes other than the process of licensing, the duration of the license and the limits imposed under sub. (2).
History:  1975 c. 371, 421; 1981 c. 38; 1997 a. 191; 2001 a. 65.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.097 - Refusal to issue license; failure to pay support or to comply with subpoena or warrant; tax or unemployment insurance contribution delinquency.

628.097
Refusal to issue license; failure to pay support or to comply with subpoena or warrant; tax or unemployment insurance contribution delinquency.
(1m)
For failure to pay support or to comply with subpoena or warrant. The commissioner shall refuse to issue to a natural person a license, including a temporary license, under this subchapter or subch. V if the natural person is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, or if the natural person fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.
(2m)
For liability for delinquent taxes or unemployment insurance contributions. The commissioner shall refuse to issue a license, including a temporary license, under this subchapter or subch. V, or to register a navigator entity under subch. V, if the department of revenue certifies under s. 73.0301 that the applicant for the license or registration is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant for the license or registration is liable for delinquent unemployment insurance contributions.
History:  1997 a. 191, 237; 2001 a. 65; 2007 a. 20; 2013 a. 20, 36, 173, 276.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.11 - Appointment of agents.

628.11
Appointment of agents.
An insurer shall report to the commissioner at such intervals as the commissioner establishes by rule all appointments, including renewals of appointments, and all terminations of appointments of insurance agents to do business in this state, and shall pay the fees prescribed under s. 601.31 (1) (n).
History:  1975 c. 371, 421; 1979 c. 102 s. 237; 1981 c. 20 s. 2202 (26) (a); 1995 a. 27; 2007 a. 169.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.12 - Liability of surplus lines insurer.

628.12
Liability of surplus lines insurer.
If a surplus lines insurer has assumed a risk and if the premium therefor has been received by the surplus lines agent or broker who placed the insurance, then as between the insurer and the insured the insurer is deemed to have received the premium due to it for the coverage; and the insurer is liable to the insured for losses covered by the insurance and for unearned premiums upon cancellation of the insurance, whether or not the surplus lines agent or broker is indebted to the insurer. Each surplus lines insurer assuming a surplus lines risk under this section thereby subjects itself to the terms of this section.
History:  1975 c. 371.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.31 - Sale of insurance through vending machines.

628.31
Sale of insurance through vending machines.
No insurance policies may be sold by a vending machine except policies of personal travel accident insurance providing benefits for accidental bodily injury or accidental death.
History:  1975 c. 371, 421; 1979 c. 102 s. 237; 1981 c. 20, 38.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.32 - Disclosure required.

628.32
Disclosure required.
(1)
An intermediary may not accept compensation from an insured or from both an insured and another source due to the insured's purchase of insurance or for advice regarding the insured's insurance needs or coverage unless the intermediary, before the insured incurs an obligation to pay compensation, clearly and conspicuously and in writing discloses to the insured all of the following:
(a)
The amount of compensation to be paid by the insured, excluding commissions paid by the insurer to the intermediary.
(b)
If compensation will be paid by another source, the fact that the intermediary will also receive compensation from the other source.
(2)
The commissioner may promulgate rules prescribing the form for disclosure under sub. (1).
History:  1975 c. 371, 421; 1981 c. 38; 1987 a. 247.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.348 - Sale of long-term care insurance.

628.348
Sale of long-term care insurance.
(1)
Training requirement. On and after January 1, 2009, no person may solicit, negotiate, or sell long-term care insurance unless the person is a licensed intermediary and he or she has completed the initial training portion of the training program under s. 49.45 (31) (c) and completes the ongoing training under s. 49.45 (31) (c) every 24 months after completing the initial training.
(2)
Insurer verification. Insurers providing long-term care insurance shall do all of the following:
(a)
Obtain from intermediaries selling long-term care insurance on behalf of the insurer verification that the intermediary is in compliance with the training requirements under sub. (1).
(b)
Maintain records related to the verifications obtained under par. (a).
(c)
Make the records under par. (b) available to the commissioner upon request.
History:  2007 a. 20, 226.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.35 - Prohibition of exclusive contracts.

628.35
Prohibition of exclusive contracts.
No insurer may make, enforce or participate in any contract or other arrangement for exclusive services of a health care provider that prevents or materially inhibits any other insurer authorized to do business in this state from entering into a contract or other arrangement with any health care provider of services that the other insurer has contracted to supply or for which it has promised indemnity under its insurance contracts, unless:
(1)
The health care provider is an individual who is an employee of the insurer;
(2)
The health care provider is a corporation owned by the insurer;
(3)
The health care provider uses the insurer's name under a franchise arrangement; or
(4)
The case is within a class for which the commissioner by rule establishes an exception after a finding that the contract or other arrangement does not seriously impede the effective operation of a legitimate insurance business by other insurers.
History:  1975 c. 223, 371, 422.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.37 - Preservation of professional relationships in professional services.

628.37
Preservation of professional relationships in professional services.
No insurance plan related to or providing health care, legal or other professional services may alter the direct relationship and responsibility of professional persons to their patients or clients for the professional services rendered. All professional relationships are subject to the same rules of contract and tort law and professional ethics as if no insurance plan were involved.
History:  1975 c. 223, 371, 422.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.38 - Disclosure requirements.

628.38
Disclosure requirements.
The commissioner may by rule require insurers to deliver to prospective buyers of life or disability insurance, at a time specified in the rule, information consistent with ss. 601.01 and 628.34 that will improve their ability to select appropriate coverage.
History:  1981 c. 82.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.39 - Extension of credit on premiums.

628.39
Extension of credit on premiums.
The extension of credit to the insured upon a premium without interest for not exceeding 60 days from the effective date of the policy, or after that time with interest at not less than the legal rate nor more than 18 percent per year on the unpaid balance, is permissible. The payment of premiums on policies issued under a mass marketing program on an installment basis through payroll deductions is not an extension of credit.
History:  1975 c. 371; 1979 c. 110 s. 60 (13); 1983 a. 215.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.40 - Effect of agent's appointment on insurer.

628.40
Effect of agent's appointment on insurer.
Every insurer is bound by any act of its agent performed in this state that is within the scope of the agent's apparent authority, while the agency contract remains in force and after that time until the insurer has made reasonable efforts to recover from the agent its policy forms and other indicia of agency. Reasonable efforts shall include a formal demand in writing for return of the indicia, and notice to the commissioner if the agent does not comply with the demand promptly.
History:  1975 c. 371, 421.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.48 - Risk retention groups.

628.48
Risk retention groups.
(1)
Prohibited marketing. A risk retention group may not do any of the following:
(a)
Solicit or sell insurance to any person who is not eligible for membership in the risk retention group.
(b)
Solicit or sell insurance or otherwise operate if the risk retention group is in a hazardous financial condition or is financially impaired.
(2)
Notice in policies. A risk retention group may not issue an insurance policy unless the following notice, in 10-point type, is included on the front page and declarations page of the policy:
Notice
This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state. State insurance insolvency guaranty funds are not available for your risk retention group.
History:  1987 a. 247.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.49 - Regulation of managing general agents, reinsurance brokers and managers and controlling producers.

628.49
Regulation of managing general agents, reinsurance brokers and managers and controlling producers.
After considering the applicable model acts adopted by the National Association of Insurance Commissioners, the commissioner may promulgate rules that are reasonably necessary to regulate the business practices and transactions of the following:
(1)
Managing general agents.
(2)
Reinsurance brokers.
(3)
Reinsurance managers.
(4)
Intermediaries that control an insurer.
History:  1991 a. 269.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.51 - Controlled business.

628.51
Controlled business.
No intermediary may receive any compensation from an insurer for effecting insurance upon the intermediary's property, life or other risk unless during the preceding 12 months the intermediary had effected other insurance with the same insurer with aggregate premiums exceeding the premiums on the intermediary's risks.
History:  1975 c. 371, 421.
2023 Wisconsin Statutes & Annotations › Chapter 628 - Insurance marketing. › 628.61 - Sharing commissions.

628.61
Sharing commissions.
(1)
Prohibition. No intermediary or insurer may pay any consideration, nor reimburse out-of-pocket expenses, to any natural person for services performed within this state as an intermediary if he or she knows or should know that the payee is not licensed under s. 628.04 or 628.09. No natural person may accept compensation for service performed as an intermediary unless the natural person is licensed under s. 628.04 or 628.09.
(2)
Exceptions. This section does not prohibit:
(a)
The payment of deferred commissions to formerly licensed agent and broker intermediaries or their assignees; or
(b)
The proper exchange of business between agent and broker intermediaries lawfully licensed in this state.
History:  1975 c. 371, 421; 1979 c. 102; 1981 c. 38.