reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 616 - Miscellaneous insurers. › 616.79 - Only agents to solicit business.

616.79
Only agents to solicit business.
No person shall solicit, or aid in the solicitation of, another person to purchase a service contract issued by a company not duly licensed under this subchapter.
History:  1977 c. 339 ss. 8, 44; 1979 c. 355 s. 236.
2023 Wisconsin Statutes & Annotations › Chapter 616 - Miscellaneous insurers. › 616.80 - Misrepresentations forbidden.

616.80
Misrepresentations forbidden.
No company, and no officer or agent thereof, shall orally, or in writing, misrepresent the terms, benefits, or privileges of any service contract issued, or to be issued, by it.
History:  1977 c. 339 s. 8; Stats. 1977 s. 616.80.
2023 Wisconsin Statutes & Annotations › Chapter 616 - Miscellaneous insurers. › 616.81 - Company always bound by contract.

616.81
Company always bound by contract.
Any service contract made, issued, or delivered contrary to any provision of this subchapter shall nevertheless be valid and binding on the company.
History:  1977 c. 339 ss. 8, 44; Stats. 1977 s. 616.81; 1979 c. 355 s. 236.
2023 Wisconsin Statutes & Annotations › Chapter 616 - Miscellaneous insurers. › 616.82 - Person exempted.

616.82
Person exempted.
Nothing in this subchapter applies to an authorized attorney at law acting in the usual course of the profession, nor to any insurance company, bonding company, or surety company now or hereafter duly and regularly licensed and doing business as such under the laws of this state.
History:  1977 c. 339 ss. 8, 44; Stats. 1977 s. 616.82; 1979 c. 89, 176; 1979 c. 355 s. 236.
2023 Wisconsin Statutes & Annotations › Chapter 617 - Regulation of insurance holding companies and intercorporate transactions relating to insurers. › 617.01 - Construction and purpose.

617.01
Construction and purpose.
(1)
Construction. This chapter shall be liberally construed to achieve the purpose of sub. (2), which shall constitute an aid and guide to interpretation but not an independent source of power.
(2)
Purpose. The purpose of this chapter is to protect the interests of insureds, stockholders and of the public against intercorporate transactions among affiliates that may affect the solidity of insurers authorized to do business in this state or otherwise be detrimental to protected interests.
2023 Wisconsin Statutes & Annotations › Chapter 617 - Regulation of insurance holding companies and intercorporate transactions relating to insurers. › 617.03 - Exemptions.

617.03
Exemptions.
The commissioner may exempt any specified person or class of persons from this chapter or any provisions thereof, when the commissioner deems such exemption consistent with the purposes of this chapter and in the public interest.
History:  1979 c. 102 s. 236 (6).
2023 Wisconsin Statutes & Annotations › Chapter 617 - Regulation of insurance holding companies and intercorporate transactions relating to insurers. › 617.12 - Rules requiring enterprise risk reports.

617.12
Rules requiring enterprise risk reports.
(1)
In this section, “enterprise risk" means any activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied, is likely to have a material adverse effect on the financial condition or liquidity of the insurer or its insurance holding company system, as defined in s. 622.03 (2), as a whole, including anything that would cause the insurer's risk-based capital to fall into company action level as set forth in s. Ins 51.01 (4), Wis. Adm. Code, or that would cause the insurer to be in a hazardous financial condition as described in s. 623.11, 645.31, or 645.41.
(2)
The commissioner shall promulgate rules requiring insurers to report their enterprise risk, including the form of the report and the manner and process for filing the report.
History:  2013 a. 279.
2023 Wisconsin Statutes & Annotations › Chapter 617 - Regulation of insurance holding companies and intercorporate transactions relating to insurers. › 617.13 - Rules requiring group capital calculations and liquidity stress tests.

617.13
Rules requiring group capital calculations and liquidity stress tests.
(1)
The commissioner shall promulgate rules requiring certain insurers, as determined under the rules, to report their group capital calculations and liquidity stress tests, including the form of the reports and the manner and process for filing the reports.
(2)
Sections 19.31 to 19.37 do not apply to the filings made under sub. (1) or to any information submitted to the commissioner in connection with the filings. The filings made under sub. (1) are not subject to subpoena or discovery and may not be admissible in evidence in any private civil action. The commissioner shall only share a filing made under sub. (1), and any information requested in connection with the filing, with the insurance regulatory authorities of states having statutes or regulations substantially similar to this section and who have agreed in writing not to disclose the information.
History:  2021 a. 114.
2023 Wisconsin Statutes & Annotations › Chapter 617 - Regulation of insurance holding companies and intercorporate transactions relating to insurers. › 617.215 - Supervisory colleges.

617.215
Supervisory colleges.
(1)
Definitions. In this section:
(a)
“Insurance holding company system" has the meaning given in s. 622.03 (2).
(b)
“Supervisory college" means a temporary or permanent forum for communication and cooperation between the regulators charged with the supervision of an insurer that is part of an insurance holding company system with international operations.
(2)
Powers of commissioner.
(a)
In accordance with par. (b), the commissioner may participate in a supervisory college for any domestic insurer that is part of an insurance holding company system with international operations to determine the insurer's compliance with this chapter. The powers of the commissioner with respect to supervisory colleges include all of the following:
1.
Initiating the establishment of a supervisory college.
2.
Clarifying the membership and participation of other supervisors in the supervisory college.
3.
Clarifying the functions of the supervisory college and the role of other regulators, including the establishment of a group-wide supervisor.
4.
Coordinating the ongoing activities of the supervisory college, including planning meetings, supervisory activities, and processes for information sharing.
5.
Establishing a crisis management plan.
(b)
In order to assess the business strategy, financial position, legal and regulatory position, risk exposure, risk management, and governance processes of an insurer specified in par. (a), and as part of an examination of such an insurer under s. 601.43, the commissioner may participate in a supervisory college with other regulators charged with the supervision of the insurer or its affiliates, including other state, federal, and international regulatory agencies.
(c)
The commissioner may enter into agreements for keeping information confidential in accordance with s. 601.465, providing the basis for cooperation between the commissioner and the other regulatory agencies and the activities of the supervisory college.
(3)
Payment of expenses. All insurers to which this section applies are liable for and shall pay the reasonable expenses related to the commissioner's participation in supervisory colleges, including reasonable travel expenses. The commissioner may impose a regular assessment on insurers to cover the expenses.
(4)
Not delegation of authority. Nothing in this section delegates to a supervisory college the authority of the commissioner to regulate or supervise an insurer or its affiliates within the commissioner's jurisdiction.
History:  2013 a. 279.
2023 Wisconsin Statutes & Annotations › Chapter 617 - Regulation of insurance holding companies and intercorporate transactions relating to insurers. › 617.22 - Dividends and other distributions.

617.22
Dividends and other distributions.
(1)
General. Any action by the board of a stock insurer authorized to do business in this state authorizing any distribution to shareholders other than a stock dividend shall be reported to the commissioner in writing. No payment may be made until at least 30 days after such report.
(2)
New corporations. For 5 years after the initial issuance of a certificate of authority, no payment may be made under sub. (1) until at least 45 days after the report. The commissioner may extend the waiting period an additional 45 days by giving notice to the corporation not less than 5 days before expiration of the first 45-day period.
(3)
Exemptions. If sub. (2) is inapplicable, no report need be made under sub. (1) of a distribution that is no more than 15 percent larger than for the corresponding period in the previous year.
(4)
Special exemption for certain nondomestic insurers. A nondomestic insurer which does not have to report under s. 617.11 is only required to report dividends if so directed by the commissioner.
History:  1979 c. 102 ss. 145, 236 (2).
2023 Wisconsin Statutes & Annotations › Chapter 617 - Regulation of insurance holding companies and intercorporate transactions relating to insurers. › 617.225 - Extraordinary dividends.

617.225
Extraordinary dividends.
(1)
A domestic insurer may not pay an extraordinary dividend to its shareholders and an affiliate of the insurer may not accept an extraordinary dividend unless the insurer reports the extraordinary dividend to the commissioner at least 30 days before payment and the commissioner does not disapprove the extraordinary dividend within that period.
(2)
The commissioner may promulgate rules under this section including, but not limited to, rules prescribing the form and content of and procedure for filing reports under this section.
(3)
An insurer may declare an extraordinary dividend that is conditioned upon the insurer's compliance with sub. (1). A declaration of an extraordinary dividend under this subsection does not confer rights on a shareholder or affiliate unless sub. (1) is complied with and is void if the extraordinary dividend is disapproved by the commissioner.
(4)
In addition to any remedies available under s. 617.23, an insurer may recover from an affiliate any extraordinary dividend paid in violation of this section.
History:  1987 a. 167; 2003 a. 261.
2023 Wisconsin Statutes & Annotations › Chapter 617 - Regulation of insurance holding companies and intercorporate transactions relating to insurers. › 617.23 - Liability of affiliates.

617.23
Liability of affiliates.
(1)
Right of receiver to recover dividends paid. If an order for the liquidation, rehabilitation or conservation of an insurer authorized to do business in this state is entered under ch. 645, the receiver appointed under the order shall have a right to recover on behalf of the insurer the amount of distributions other than stock dividends paid by the insurer on its capital stock at any time during the 5 years preceding the petition for liquidation, rehabilitation or conservation, subject to the limitations of subs. (2) to (4).
(2)
Dividend payments recoverable. No such dividend shall be recoverable if the insurer shows that when paid the distribution was lawful and reasonable, and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill the obligations to claimants under its insurance contracts.
(3)
Persons liable.
(a)
Affiliates at time of payment. Any person who was an affiliate of the insurer at the time the distributions were paid shall be liable up to the amount of distributions he or she received.
(b)
Affiliates at time of declaration of distribution. Any person who was an affiliate of the insurer at the time the distributions were declared shall be liable up to the amount of distributions he or she would have received if they had been paid immediately.
(c)
Joint and several liability. If under pars. (a) and (b) 2 persons are liable with respect to the same distributions, they shall be jointly and severally liable.
(4)
Aggregate limitation. The maximum amount recoverable under this section is:
(a)
The amount needed in excess of all other available assets to pay all claims under the receivership.
(b)
Reduced by any amount already paid to receivers under similar laws of other states.
(5)
Secondary liability. If any person liable under sub. (3) is insolvent, all its affiliates that controlled it at the time the dividend was paid are jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.
History:  1977 c. 203 ss. 95, 103; 1979 c. 102 ss. 146, 236 (5); 1989 a. 359; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 617 - Regulation of insurance holding companies and intercorporate transactions relating to insurers. › 617.25 - Officers and directors.

617.25
Officers and directors.
(1)
No director or officer of an insurer or of an affiliate of an insurer may permit, participate in or assent to a transaction or payment or acceptance of a dividend or distribution prohibited under this chapter.
(2)
An officer or director of an insurer or of an affiliate of an insurer who knows, or reasonably should know, that the insurer or affiliate has entered into a transaction or paid a dividend or distribution that violates this chapter shall report the transaction, dividend or distribution to the commissioner in writing within 30 days after attaining that knowledge. Section 601.42 (6) applies to a report under this section and the report is confidential unless the commissioner finds it necessary to disclose the report for the purpose of enforcing this chapter.
History:  1987 a. 167.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.01 - Purposes.

618.01
Purposes.
The purposes of this chapter are:
(1)
To protect insureds, creditors and the public in this state by providing adequate standards and an orderly procedure for the authorization of nondomestic insurers;
(2)
To prevent evasion by unauthorized insurers of the regulatory and tax laws of this state and to protect this state and its residents against loss from such action;
(3)
To subject unauthorized insurers and other persons doing an insurance business in this state to the jurisdiction of the commissioner and the courts of this state;
(4)
To protect authorized insurers from unfair competition by unauthorized insurers; and
(5)
To provide an orderly method, under reasonable and practical safeguards, for procuring insurance from unauthorized insurers.
History:  1971 c. 260.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.02 - Definitions.

618.02
Definitions.
For the purposes of this chapter, unless the context indicates otherwise:
(1)
“Directly procured insurance" means insurance procured under s. 618.42.
(2)
“Doing an insurance business" includes:
(a)
Soliciting, making, or proposing to make an insurance contract;
(b)
Taking or receiving an application for insurance;
(c)
Collecting or receiving, in full or in part, an insurance premium;
(d)
Issuing or delivering an insurance policy except as a messenger not employed by the insurer or by an insurance agent or broker;
(e)
Inspecting risks, setting rates, disseminating information or advising on risk management in connection with the solicitation, negotiating, procuring or effectuation of insurance coverage;
(f)
Investigating, settling, adjusting or litigating claims;
(g)
In any way representing or assisting any person to do an insurance business or to procure insurance; and
(h)
Any other act generally regarded as doing an insurance business.
(3)
“Doing an insurance business" does not include:
(a)
Acting as an attorney for a client; and
(b)
Acting as a full-time salaried employee of an insured in the capacity of an insurance buyer or manager.
History:  1971 c. 260; 1981 c. 314.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.12 - Certificate of authority.

618.12
Certificate of authority.
(1)
Issuance. The commissioner shall either issue a certificate of authority to an applicant under s. 618.11 or issue an order refusing the certificate which finds:
(a)
That not all requirements of the law have been met; or
(b)
That the applicant is either not sound, not reliable, not entitled to public confidence or cannot reasonably be expected to perform its obligations continuously in the future; or
(c)
That the applicant's directors and officers or, in the case of an alien insurer, its United States manager, are not sufficiently trustworthy, competent, experienced and free from conflict of interest to engage in the proposed business in this state and to comply continuously with the laws of this state; or
(d)
That the methods and practices to be used in doing business are not consistent with the interests of the applicant's insureds, creditors or the public in this state.
(2)
Substitutes for legal requirements. If the commissioner finds that the applicant does not comply with all requirements of the law, the commissioner may after a hearing under s. 618.28 issue a certificate of authority if the purposes of each such requirement and the protection of insureds, creditors and the public in this state are otherwise achieved by:
(a)
A deposit in trust to be established and maintained under s. 601.13; or
(b)
A bond conditioned on the satisfaction of the purposes of the requirement and acceptable to the commissioner; or
(c)
Special limits on the applicant's business or methods of operation in this state or elsewhere; or
(d)
Additional or alternative protective devices that the commissioner considers satisfactory.
(3)
Limits. The certificate of authority shall specify the terms of any deposit or bond required as a condition for authorization, any special limits placed on the insurer's business or methods of operation in this state, and any other restrictive terms imposed under sub. (2).
(4)
Alteration of certificate. An insurer may at any time apply to the commissioner for a new certificate of authority, removing, altering or adding limits on its business or methods of operation. The application shall be accompanied by so much of the information under s. 618.11 as the commissioner reasonably requires. The commissioner shall issue the new certificate as requested if he or she would do so if an initial application were being made.
History:  1971 c. 260; 1979 c. 102 s. 236 (5), (6).
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.14 - Admission of nondomestic fraternals.

618.14
Admission of nondomestic fraternals.
(1)
Application. A nondomestic fraternal may apply for authorization to transact business in this state, by filing with the commissioner:
(a)
A certified copy of its articles and bylaws;
(b)
A power of attorney to the commissioner to receive service of process and other papers;
(c)
A certificate from the proper official in its home jurisdiction that the fraternal is authorized to transact business therein;
(d)
Each of its forms of contracts;
(e)
A statement of its business in the form required by the commissioner, showing that the business of the fraternal substantially complies with all the provisions of law relating to like domestic fraternals; and
(f)
Such other information as the commissioner may deem necessary.
(2)
Examination. The commissioner shall examine the applicant fraternal.
(3)
Certificate of authority. The commissioner shall grant a certificate of authority to do business in this state if the fraternal's condition and practices protect the interests of potential insureds, creditors and the public.
History:  1975 c. 373.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.21 - Corporation law requirements from chs. 180, 610, 611 and 623 applicable to nondomestic corporations.

618.21
Corporation law requirements from chs. 180, 610, 611 and 623 applicable to nondomestic corporations.
(1)
Strict compliance. No nondomestic corporation may be authorized to do business in this state unless it complies strictly with the following requirements:
(a)
Financial requirements. The financial requirements of ss. 611.19 and 623.11;
(b)
Other requirements. The requirements of s. 180.1506, the requirements of s. 611.41 (1) as modified by s. 611.41 (3), s. 611.54 (1) (a), the reporting requirement of s. 611.54 (2) whenever removal is made involuntarily under the law of the domicile, and s. 611.57; and
(c)
Requirements applicable to new corporations. For 5 years after the initial issuance of a certificate of authority in its domiciliary jurisdiction, the requirements of s. 611.29 (2); and if the corporation has transacted an insurance business for less than 5 years or has not paid in full all organizational and promotional expenses, it must still have initial expendable surplus considered by the commissioner to be adequate, subject to the limits of s. 611.19.
(2)
Substantial compliance.
(a)
General. No nondomestic insurance corporation may be authorized to do business in this state unless it everywhere complies substantially with ss. 611.12 (2) (d), 611.24 and 611.25 except that the approval requirement of s. 611.25 (1) does not apply, and s. 611.26.
(b)
Corporate reorganization or transformation. When any corporate reorganization, transformation or liquidation of a nondomestic insurer is proposed by it or approved by the domiciliary commissioner or by another official act, notice shall be given to the commissioner promptly.
(3)
Orders imposing and eliminating restrictions. The commissioner may issue orders under s. 611.03 that are applicable to nondomestic corporations.
(4)
Other requirements. After a hearing, the commissioner may by order apply any provision of ch. 611 to a nondomestic corporation if the commissioner finds that it is necessary for the protection of the interests of its insureds, creditors or the public in this state.
(5)
Fraternals. This section does not apply to fraternals.
History:  1971 c. 260; 1973 c. 184; 1975 c. 373; 1983 a. 192; 1989 a. 303; 1991 a. 316; 1997 a. 79.
Legislative Council Note to sub. (5), 1975: A special section applies to fraternals. See s. 618.26. In contrast, s. 618.22 does not apply to fraternals. [Bill 643-S]
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.22 - Exclusive agency and management contracts of nondomestic corporations.

618.22
Exclusive agency and management contracts of nondomestic corporations.
(1)
Filing of contract. No nondomestic insurer may be a party to any exclusive agency contract or management contract as defined in ss. 611.66 and 611.67 respectively, unless the contract is filed with the commissioner and not disapproved under this section within 30 days after filing, or such reasonable extended period as the commissioner may specify by notice given within the 30 days.
(2)
Disapproval. The commissioner shall disapprove a contract under sub. (1) or s. 611.67 if he or she finds that:
(a)
It subjects the insurer to excessive charges; or
(b)
The contract extends for an unreasonable period of time; or
(c)
The contract does not contain fair and adequate standards of performance; or
(d)
The persons empowered under the contract to manage the company are not sufficiently trustworthy, competent, experienced and free from conflict of interest to manage the company with due regard for the interests of its insureds, creditors or the public; or
(e)
The contract contains provisions which impair the interests of its insureds, creditors or the public in this state.
History:  1971 c. 260; 1979 c. 102 s. 236 (5); 1985 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.23 - Requirements for nondomestic reciprocals.

618.23
Requirements for nondomestic reciprocals.
(1)
Conditions of authorization. No nondomestic reciprocal may be authorized to do business in this state unless under the laws of its domicile or the provisions of its power of attorney or otherwise it can sue and be sued in its own name, and the assets resulting from the exchange of insurance contracts can be reached by its creditors; and either:
(a)
Nonassessable reciprocals. If it issues only nonassessable policies, it meets all the financial requirements for a mutual corporation in like circumstances including surplus, whether unallocated or in subscribers' accounts, that is at least as great as the level specified by s. 623.11; or
(b)
Assessable reciprocals. If it issues any assessable policies, it meets all the requirements for a mutual corporation issuing assessable policies in like circumstances and its subscribers are liable to the exchange to the limit of their assessability without regard to the validity or collectibility of any assessment levied against other subscribers.
(2)
Substitute for the liability under sub. (1) (b). Where the liability of subscribers does not satisfy sub. (1) (b), the commissioner may nevertheless authorize an assessable reciprocal if he or she is satisfied that practices are actually followed by the attorney in fact which ensure the capacity and willingness of all subscribers to pay assessments if called upon to do so, or which otherwise ensure the solidity of the operation.
(3)
Corporation provisions applicable. To the extent consistent with the nature of a reciprocal, the provisions of ch. 611 that are made applicable to nondomestic mutual corporations by s. 618.21 apply to nondomestic reciprocals and the provisions and requirements applicable to principal officers of corporations apply to the attorneys in fact of reciprocal insurers.
History:  1971 c. 260; 1979 c. 102 s. 236 (5).
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.24 - Requirements for incorporated alien insurers.

618.24
Requirements for incorporated alien insurers.
(1)
Conditions for authorization. No incorporated alien insurer may be authorized to do business in this state unless:
(a)
It has operated for 5 years in its domicile or the commissioner finds other grounds for being confident that it will be solid during its formative period;
(b)
It supplies and commits itself to maintain in the United States a deposit or bond in an amount the commissioner deems sufficient to protect the interests of insureds, creditors and the public in this state; and
(c)
It files with the commissioner such agreement as the commissioner requires with respect to records, reports and submission to examinations, including an undertaking to keep its records, reports and other documents constantly available in full in the English language so far as they are relevant to its United States business, and an undertaking to keep records and make reports on United States business in a form satisfactory to the commissioner.
(2)
Deposits. A deposit under sub. (1) (b) may be made as specified in s. 601.13 or with another trustee in this or another state approved by the commissioner. The deposit shall be in trust for such persons as the commissioner deems appropriate to achieve the purposes of sub. (1) (b). The trustees shall supply a certificate of the deposit in whatever form and at whatever intervals the commissioner reasonably requires.
(3)
Bonds. A bond satisfies sub. (1) (b) if it is issued by an insurer authorized to do a surety business in this state and is conditioned on nonperformance of any obligation to such persons as the commissioner considers appropriate to achieve the purposes of sub. (1) (b). Each such bond shall cover any claims that arise out of occurrences prior to termination of the bond, and shall not be terminable on any ground without at least 30 days' notice to the commissioner. Each such bond shall be in such form and be renewed at such intervals as the commissioner reasonably requires.
History:  1971 c. 260; 1979 c. 102 s. 236 (6).
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.25 - Requirements for unincorporated nondomestic insurers.

618.25
Requirements for unincorporated nondomestic insurers.
No nondomestic individual underwriter or syndicate may be authorized to do business in this state unless:
(1)
It complies with such requirements stated in s. 618.24 as are applicable to an unincorporated insurer;
(2)
It files undertakings with the commissioner to comply with legal controls and institutional practices for securing the performance of obligations that are functionally equivalent to those imposed on nondomestic insurance corporations, even if in detail the controls and practices are dissimilar; and
(3)
The commissioner is satisfied that it keeps records and can supply information that will enable the commissioner to protect fully the interests of insureds, creditors and the public in this state.
History:  1971 c. 260; 1979 c. 102 s. 236 (21).
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.26 - Requirements for nondomestic fraternals.

618.26
Requirements for nondomestic fraternals.
(1)
Strict compliance. No nondomestic fraternal may be authorized to do business in this state unless it complies strictly with all of the following requirements:
(a)
Financial requirements. The financial requirements of ss. 614.19 and 623.11.
(b)
Other requirements. The requirements of s. 180.1506, 611.54 (1) (a) as incorporated by s. 614.54, the reporting requirement of s. 611.54 (2) as incorporated by s. 614.54 whenever removal is made involuntarily under the laws of the domicile, s. 611.57 as incorporated by s. 614.57, and ss. 614.10, 614.12 (1) (c), 614.41 (2) and 614.82 (1).
(c)
Requirements applicable to new fraternals. For 5 years after the initial issuance of a certificate of authority in its domiciliary jurisdiction, the requirements of s. 614.29 (2); and if the fraternal has transacted an insurance business for less than 5 years or has not paid in full all organizational and promotional expenses, it must still have initial expendable surplus considered by the commissioner to be adequate, subject to the limits of s. 614.19.
(2)
Substantial compliance.
(a)
General. No nondomestic fraternal may be authorized to do business in this state unless it everywhere complies substantially with ss. 611.24 to 611.26 as incorporated by s. 614.24, except that the approval requirement of s. 611.25 (2) does not apply.
(b)
Corporate reorganization or transformation. When any corporate reorganization, transformation or liquidation of a nondomestic fraternal, or any levy to cover a deficiency under a law comparable to s. 614.19 (3), is proposed by it or approved by the domiciliary commissioner or by another official act, notice shall be given to the commissioner promptly.
(3)
Orders imposing and eliminating restrictions. The commissioner may issue orders under s. 614.03 that are applicable to nondomestic fraternals.
(4)
Other requirements. After a hearing, the commissioner may by order apply any provision of ch. 614 to a nondomestic fraternal upon a finding that it is necessary for the protection of the interests of its members, creditors or the public in this state.
History:  1975 c. 373, 421; 1989 a. 303; 1999 a. 85.
Legislative Council Note, 1975: This section closely parallels s. 618.21. [Bill 643-S]
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.28 - Exemptions from Wisconsin law.

618.28
Exemptions from Wisconsin law.
(1)
Exemptions. Any nondomestic insurer authorized to do business in this state may apply for and the commissioner may make an order exempting it from any requirement otherwise applicable to it, if the commissioner finds after a hearing:
(a)
That in the absence of the statutory requirement in this state the requirement would not be imposed on the insurer or on a similar Wisconsin insurer by the law of the insurer's domicile;
(b)
That exemption from the requirement will not endanger the interests of insureds, creditors or the public in this state; and
(c)
That the exemption will not give the insurer an unfair competitive advantage over domestic insurers.
(2)
Notice and hearing. The hearing may not be held until at least 30 days after notice has been given to competing insurers authorized to do business in this state by publication in the administrative register or otherwise in a manner considered adequate by the commissioner. Any such insurer may appear in the hearing and state its position on sub. (1) (c).
History:  1971 c. 260; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.31 - Changes in business plan.

618.31
Changes in business plan.
(1)
Notification. Within 5 years after the initial issuance of a certificate of authority to a nondomestic insurer by its domiciliary jurisdiction no substantial change may be made in the business plan and the insurer may not substantially deviate from it unless notice of the proposed action is filed with the commissioner 30 days in advance of the proposed effective date. The commissioner at least 5 days before the proposed effective date may request that the effective date be deferred for an additional period not exceeding 30 days.
(2)
Disapproval.
(a)
Applicability in this state. If the commissioner finds that effectiveness of the proposed change within this state would be contrary to the laws of this state or to the interests of insureds, creditors or the public in this state, the commissioner may prohibit the application of the change to this state.
(b)
Changes outside state. If the commissioner finds after a hearing that the application of the change outside of this state would endanger the interests of insureds, creditors or the public in this state, the commissioner may revoke the insurer's certificate of authority unless it agrees not to make such a change.
History:  1971 c. 260; 1979 c. 102 s. 236 (6); 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.32 - Transfer of business.

618.32
Transfer of business.
(1)
Report to commissioner. Any action by which a nondomestic insurer proposes to transfer to another person or to reinsure any part of its insurance business in this state, other than in the normal and usual course of business, shall be reported to the commissioner not less than 30 days in advance of the proposed effective date. The commissioner may defer the effective date for an additional period not exceeding 30 days by written notice to the insurer before expiration of the initial 30-day period.
(2)
Disapproval. The commissioner may, within the 30-day period or its extension, prohibit the proposed action if it would be contrary to the law or to the interests of insureds, creditors or the public in this state.
History:  1971 c. 260.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.34 - Assessment by nondomestic company.

618.34
Assessment by nondomestic company.
Every nondomestic mutual insurer authorized in this state shall, immediately after making an assessment upon any of its members in this state, notify the commissioner thereof with a statement of the condition of the insurer, setting forth the facts showing the necessity for the assessment. No such insurer may make or increase any assessment because of its inability to collect assessments from its members in other states in which its policies were written in violation of law.
History:  1971 c. 260.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.36 - Release from regulation.

618.36
Release from regulation.
(1)
Continuance of regulation. A nondomestic insurer authorized under this chapter is subject to regulation under the applicable provisions of chs. 600 to 646 until released from regulation under this section.
(2)
Application for release. A nondomestic insurer may apply for release from regulation by filing with the commissioner:
(a)
Its certificate of authority;
(b)
A schedule of its outstanding liabilities from policies issued in this state, to residents of this state, or on risks located in this state and from other business transactions in this state;
(c)
A plan for securing the discharge of such liabilities; and
(d)
Such other information as the commissioner reasonably requires.
(3)
Release order. The commissioner shall release the insurer from regulation if he or she finds:
(a)
That the insurer has ceased to do any new business in this state;
(b)
That the discharge of existing liabilities to creditors in this state is sufficiently secured; and
(c)
That the release would not otherwise be prejudicial to the interests of insureds, creditors or the public in this state, or of all insureds, creditors and the public in the United States if this state is the state of entry of the insurer into the United States.
(4)
Notification or publication. The commissioner may, before deciding on the release, require the insurer to notify all agents or other classes of potentially interested persons in a manner he or she prescribes, or in a manner he or she prescribes to publish at its own expense its intention to withdraw. The notice shall advise affected persons to communicate to the commissioner any objections they may have to the withdrawal.
(5)
Deposits and subjection to jurisdiction. The commissioner may, as a prerequisite for releasing the insurer, require a deposit under s. 601.13, a bond issued by a surety authorized in this state, or other appropriate security or reinsurance in an amount sufficient to secure the proper discharge of the insurer's liabilities in this state. The commissioner may also require an agreement to remain subject to the jurisdiction of the commissioner and the courts of this state with respect to any matter arising out of business done in this state prior to the release.
History:  1971 c. 260; 1977 c. 339; 1979 c. 89 s. 543; 1979 c. 102 s. 236 (5), (7).
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.37 - Revocation of certificate of authority.

618.37
Revocation of certificate of authority.
Whenever there are grounds for delinquency proceedings against a nondomestic insurer under ch. 645, the commissioner may, after a hearing, revoke, suspend or limit its certificate of authority. No such action shall affect insurance already issued and the insurer shall remain subject to regulation until released under s. 618.36.
History:  1971 c. 260.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.39 - Assisting unauthorized insurers.

618.39
Assisting unauthorized insurers.
(1)
Conduct prohibited. No person may do an insurance business in this state if the person knows or should know that the result is or might be the illegal placement of insurance with an unauthorized insurer or the subsequent servicing of an insurance policy illegally placed with an unauthorized insurer.
(2)
Personal liability for violation. Any person who violates sub. (1) is personally liable to any claimant under the policy for any damage proximately caused by the person's violation. That damage may include damage resulting from the necessity of replacing the insurance in an authorized insurer or the failure of the unauthorized insurer to perform the insurance contract.
(3)
Standards by rule.
(a)
The office may by rule promulgate standards for any of the following:
1.
Establishing that a person should know that the result of insurance business is or might be the illegal placement of insurance with an unauthorized insurer or the subsequent servicing of an insurance policy illegally placed with an unauthorized insurer.
2.
Imposing requirements under s. 601.42 or 628.04 or sanctions or remedial measures under sub. (2) or s. 601.64, or any other applicable penalty or remedial provision of chs. 600 to 646, for a violation of this section.
(b)
Notwithstanding par. (a) 1., it is not necessary for the office to promulgate a rule under par. (a) 1. to establish that a person violated sub. (1).
History:  1971 c. 260; 1975 c. 371, 421; 2001 a. 65.
Legislative Council Note, 1975: Sub. (2) is added as an effective sanction to suppress knowing placement of insurance with unauthorized insurers. It is adapted from Conn. Insurance Laws, Sec. 38-90. Insurance agents and others should guarantee performance of insurance contracts they negotiate knowingly with unlicensed insurers, unless legally negotiated under the surplus lines law. In addition, the sanctions of s. 601.64 apply to violators of this provision. [Bill 16-S]
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.415 - Group liability insurance issued by an unauthorized insurer.

618.415
Group liability insurance issued by an unauthorized insurer.
(1)
Notice before taking application. A person may not take an application for liability insurance coverage under a group liability insurance policy which is issued by an unauthorized insurer and which is for a risk that resides or is otherwise located in this state, unless before taking the application the person gives the applicant clear and prominent written notice of all of the following:
(a)
The insurer's deficiencies, if any, under s. 618.41 (8) (a) 1.
(b)
That the insurer has not obtained a certificate of authority in this state and is not regulated in this state.
(c)
That the risk is not protected by the Wisconsin insurance security fund.
(d)
Any other information required by the commissioner by rule.
(2)
Notice in the evidence of insurance. A person may not provide liability insurance coverage under a group insurance policy which is issued by an unauthorized insurer to a member for a risk that resides or is otherwise located in this state, unless the evidence of insurance clearly and prominently includes all of the following:
(a)
The information and notice required under s. 618.41 (9).
(b)
That the risk is not protected by the Wisconsin insurance security fund.
(c)
Any other information required by the commissioner by rule.
History:  1987 a. 247.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.416 - Qualification for placement of surplus lines insurance with an unauthorized insurer.

618.416
Qualification for placement of surplus lines insurance with an unauthorized insurer.
An intermediary may not place surplus lines insurance under s. 618.41 with an unauthorized insurer if this state is the home state of the proposed insured, unless at the time of placement all of the following apply to the unauthorized insurer:
(1)
If the unauthorized insurer is domiciled in a United States jurisdiction, the insurer satisfies all of the following:
(a)
In its domiciliary jurisdiction, the unauthorized insurer is authorized to write the type of insurance to be placed with the insurer.
(b)
Either the unauthorized insurer has capital and surplus or its equivalent under the laws of its domiciliary jurisdiction that equals the greater of either the minimum capital and surplus requirements under the laws of this state or $15,000,000 or the commissioner affirmatively finds that the unauthorized insurer's capital and surplus are acceptable. The commissioner's finding shall be based on factors that include quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability, and company record and reputation within the industry. In no event may the commissioner find that the unauthorized insurer's capital and surplus are acceptable if the unauthorized insurer's capital and surplus are less than $4,500,000.
(2)
If the unauthorized insurer is an alien insurer, the insurer is listed on the quarterly listing of alien insurers maintained by the international insurers department of the National Association of Insurance Commissioners and meets additional requirements regarding the use of the list established by rule of the commissioner.
History:  2011 a. 224; 2019 a. 66.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.42 - Direct procurement of insurance.

618.42
Direct procurement of insurance.
(1)
Permitted direct procurement. Subject to the restrictions of this section, any person seeking insurance may obtain it if no agent or broker resident or doing business in this state is involved and if negotiations occur primarily outside this state. Negotiations by mail occur within this state if a letter is sent from or to an address in this state.
(2)
Reports and taxation. Every policyholder who procures or renews insurance otherwise subject to chs. 600 to 646 and 655 from any insurer not authorized to do business in this state, other than insurance procured under s. 618.41 and the renewal of guaranteed renewable insurance lawfully issued outside this state, shall within 60 days after the insurance procured or renewed report to the commissioner in such form as he or she requires and pay the taxes specified by s. 618.43.
(3)
Prohibited placement with unauthorized insurers.
(a)
Sales of personal property. Any insurance on personal property sold on the installment plan or under a conditional sales contract or equivalent security agreement under chs. 401 to 411 for which a charge is made to the buyer as a part of the consideration in the agreement of sale shall be placed with an insurer authorized to do business in this state.
(c)
Compulsory insurance. Whenever the law of this state requires a person to purchase insurance on risks in this state, the person shall obtain it from an insurer authorized to do business in this state, or under s. 618.41.
History:  1971 c. 260; 1979 c. 89; 1979 c. 102 s. 236 (5), (8); 1981 c. 314; 1989 a. 187 s. 29; 1991 a. 148, 304, 315; 1993 a. 213.
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.44 - Effect of illegal contracts.

618.44
Effect of illegal contracts.
An insurance contract entered into in violation of this chapter is unenforceable by, but enforceable against, the insurer. The terms of the contract are governed by chs. 600 to 646 and 655 and rules promulgated thereunder. If the insurer does not pay a claim or loss payable under the contract, any person who assisted in the procurement of the contract is liable to the insured for the full amount of the claim or loss, if the person knew or should have known the contract was illegal.
History:  1971 c. 260; 1979 c. 89; 1979 c. 102 s. 236 (8); 1979 c. 177; 1989 a. 187 s. 29.
Nothing in the text of this section suggests that an insurer's having been joined as a defendant prevents a plaintiff from also seeking relief from an insurance agency. What matters under the statute is whether the insurer has refused to pay a covered claim before the plaintiff files suit against the agency. Midwest Commercial Funding, LLC v. Cincinnati Specialty Underwriters Insurance Co., 271 F. Supp. 3d 1040 (2017).
An insurer “enforces" an insurance policy against the insured by collecting the policy premiums. Refusing to pay a claim is not enforcing the policy. It is the insured who seeks to enforce the policy by making a claim for benefits. When the insurer denies the claim based on a policy exclusion, it is simply defending against the insured's claim, not prosecuting its own claim for enforcement of the contract. Midwest Commercial Funding, LLC v. Cincinnati Specialty Underwriters Insurance Co., 399 F. Supp. 3d 736 (2019).
2023 Wisconsin Statutes & Annotations › Chapter 618 - Nondomestic insurers. › 618.45 - Servicing of contracts made out of state.

618.45
Servicing of contracts made out of state.
(1)
Servicing permitted. A nondomestic insurer which does not have a certificate of authority to do business in this state under s. 618.12 may in this state collect premiums and adjust losses and do all other acts reasonably incidental thereto, with respect to contracts lawfully made outside this state.
(2)
Contract changes prohibited. Nothing in sub. (1) shall be interpreted to permit any renewal, extension, increase or other substantial change in the terms of any contract under sub. (1) unless:
(a)
It is permitted by s. 618.41; or
(b)
The contract is for life or disability insurance; or
(c)
It is permitted by a rule promulgated by the commissioner, under circumstances in which the interests of the policyholder and the public appear to be sufficiently protected.
History:  1971 c. 260.