2023 Wisconsin Statutes & Annotations › Chapter 646 - Insurance security fund. › 646.01 - Scope and purposes.

646.01
Scope and purposes.
(1)
Scope.
(a)
General. This chapter applies to:
1.
All kinds and lines of direct insurance, except as provided in par. (b).
2.
All insurers authorized to do business in this state except:
a.
Fraternals that are not health maintenance organization insurers.
b.
Assessable mutuals, including town mutuals.
c.
Mutual municipal insurers under s. 611.11 (4).
e.
Limited service health organization insurers.
f.
Miscellaneous insurers and motor clubs under ch. 616.
g.
State insurance funds under chs. 604 to 607.
h.
Risk retention groups.
i.
Service insurance corporations that offer only dental or vision care.
j.
Nondomestic insurers that have not obtained a certificate of authority to do business in this state and that are doing business under s. 618.41 or 618.42.
k.
Risk-sharing plans under ch. 619.
L.
The patients compensation fund under s. 655.27.
(b)
Exceptions. This chapter does not apply to any of the following:
1.
Any portion of a life insurance policy or annuity contract that is not guaranteed by the insurer or under which the risk is borne by the policy or policyholder.
2.
Title insurance.
3.
Surety bonds, fidelity bonds and any other bonding obligations.
4.
Bail bonds.
5.
Mortgage guaranty, financial guaranty and other forms of insurance offering protection against investment risks.
6.
Ocean marine insurance.
7.
Credit insurance.
8.
Product liability or completed operations liability insurance, and comprehensive general liability including either of these coverages, provided to a risk purchasing group or a member of a risk purchasing group.
9.
Any self-funded, self-insured, or partially or wholly uninsured plan of an employer or other person to provide life insurance, annuity, or disability benefits to its employees or members to the extent that the plan is self-funded, self-insured, or uninsured.
10.
Any liability for dividends or experience rating credits payable after the date of entry of the order of liquidation under an insurance or annuity contract, and any fees or allowances due any person, including the policyholder, in connection with service to or administration of the contract.
11.
Any warranty or service contract.
11m.
Any contractual liability policy that is issued to a warrantor, warranty plan, warranty plan administrator, or service contract provider and that provides coverage of any liability or performance arising out of or in connection with a warranty or service contract.
12.
Municipal bond insurance.
13.
Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk.
14.
A policy issued by an insurer to, or a contract entered into by an insurer with, a care management organization, as defined in s. 46.2805 (1), or the department of health services or any other governmental entity under any state law to provide prepaid health care to medical assistance recipients.
15.
An unallocated annuity contract.
16.
A contractual agreement that obligates an insurer to provide a book value accounting guarantee for defined contribution benefit plan participants by reference to a portfolio of assets that is owned by the benefit plan or its trustee, neither of which is an affiliate of the insurer.
17.
Any liability under a policy or contract to the extent that it provides for interest or other changes in value that are to be determined by the use of an index or other external reference stated in the policy or contract and to the extent that the interest or other changes in value have not been credited to the policy or contract as of the date of the entry of the order of liquidation and are subject to forfeiture. If a policy's or contract's interest or other changes in value are credited less frequently than annually, for purposes of determining the values that have been credited and that are not subject to forfeiture, the interest or change in value determined by using the procedures specified in the policy or contract will be credited as if the contractual date of crediting interest or other changes in value was the date of entry of the order of liquidation and will not be subject to forfeiture.
18.
The deductible, self-funded, or self-insured portion of a claim under a liability or worker's compensation insurance policy, regardless of the timing or method provided in the policy, endorsement, or any other agreement for payment of the deductible, self-funded, or self-insured amount by the insured. This subdivision does not apply to a worker's compensation insurance policy if the insured under the policy is a debtor under 11 USC 701, et seq., as of the deadline set by the liquidator for filing claims against the insolvent insurer.
19.
A policy issued by an insurer to an enrollee under Title XVIII of the federal social security act, 42 USC 1395 to 1395ccc, or Title XIX of the federal social security act, 42 USC 1396 to 1396v, or a contract entered into by an insurer with the federal government or an agency of the federal government under Title XVIII or Title XIX of the federal social security act, to provide health care or prescription drug benefits to persons enrolled in Title XVIII or Title XIX programs.
20.
A surplus lines insurance policy written by a domestic surplus lines insurer under s. 618.41 (1).
21.
A policy issued by an insurer to the federal government or an agency of the federal government for the purpose of providing health insurance coverage to enrollees under the federal employee health benefit plan program under 5 USC 8901 et seq.
22.
Funding agreements authorized under s. 632.66.
(2)
Purposes. The purposes of this chapter are:
(a)
To maintain public confidence in the promises of insurers by providing a mechanism for protecting insureds from excessive delay and loss in the event of liquidation of insurers and by assessing the cost of such protection among insurers; and
(b)
To provide where appropriate for the continuation of protection under policies and supplementary contracts of life insurance, disability insurance and annuities.
History:  1971 c. 260; 1975 c. 373, 374, 422; 1979 c. 102, 109, 355; 1981 c. 20 s. 2202 (26) (c); 1983 a. 120; 1985 a. 216; 1987 a. 247, 325; 1989 a. 23; 1995 a. 27 s. 9130 (4); 1995 a. 236, 396; 1997 a. 35; 2003 a. 261; 2007 a. 20 s. 9121 (6) (a); 2007 a. 170; 2009 a. 342; 2011 a. 224; 2013 a. 20, 271; 2017 a. 16; 2021 a. 114.
The purpose of this chapter is to protect insureds against losses caused by insolvent insurers. Insureds of insolvent insurers are protected against subrogation claims to the extent of their policy limits. Fireman's Fund v. Pitco Frialator, 145 Wis. 2d 526, 427 N.W.2d 417 (Ct. App. 1988).