reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 631 - Insurance contracts generally. › 631.48 - Nonwaiver clause.

631.48
Nonwaiver clause.
An insurer may insert in any insurance policy a provision that no change in the policy is valid unless approved by an executive officer of the insurer, or unless the approval is endorsed on the policy or attached to it, or both, and that no agent has authority to change the policy or waive any of its provisions. This does not preclude a person claiming a right under the policy from relying on waiver or estoppel in an appropriate case.
History:  1975 c. 375.
2023 Wisconsin Statutes & Annotations › Chapter 631 - Insurance contracts generally. › 631.51 - Dividends on policies.

631.51
Dividends on policies.
(1)
Life insurance and annuities. Section 632.62 applies to life insurance and annuities.
(2)
Insurance, other than life insurance and annuities. Any insurer may distribute a portion of surplus attributable to policies other than life insurance or annuities, in amounts and with classifications the board of directors determines to be fair and reasonable. Such distribution may not be made contingent on the continuation of the policy or of premium payments except under s. 632.75 (2). A schedule explaining the basis for the distribution shall be filed with the commissioner prior to the distribution.
(3)
When not specified in policy. Any insurer may distribute surplus to any class of policyholders even if those policies do not so provide. A schedule explaining the basis for the distribution shall be filed with the commissioner at least 30 days prior to the distribution.
(4)
Combined dividends. It is permissible to provide an indivisible dividend to classes of policyholders having more than one type of policy, including a combination of life or annuities with other types of insurance.
History:  1975 c. 375.
2023 Wisconsin Statutes & Annotations › Chapter 631 - Insurance contracts generally. › 631.65 - Assessable policies.

631.65
Assessable policies.
Every assessable policy shall conspicuously display on the first page, separately from any other provision and in type at least as large as any used in the body of the policy, the words “This policy is assessable".
History:  1975 c. 375; 1981 c. 218.
2023 Wisconsin Statutes & Annotations › Chapter 631 - Insurance contracts generally. › 631.69 - Insurance written in connection with finance plans.

631.69
Insurance written in connection with finance plans.
Any insurance contract written in connection with a finance plan or other credit transaction shall contain provisions to protect the insured from overreaching by the insurer or by the creditor in connection with the insurance, including a provision that a copy of the complete policy or a certificate containing all of the essential terms be furnished to the debtor and that there shall be an appropriate surrender value or refund of unearned premium to the debtor calculated on a basis approved by the commissioner if the debt is paid or if the insurance contract is rewritten because the original finance plan or credit transaction is altered or a new plan or transaction is entered into with the same or an affiliated lender. This section is satisfied by compliance with the terms of ch. 424, if they are applicable.
History:  1975 c. 375.
2023 Wisconsin Statutes & Annotations › Chapter 631 - Insurance contracts generally. › 631.81 - Notice and proof of loss.

631.81
Notice and proof of loss.
(1)
Timeliness of notice. Provided notice or proof of loss is furnished as soon as reasonably possible and within one year after the time it was required by the policy, failure to furnish such notice or proof within the time required by the policy does not invalidate or reduce a claim unless the insurer is prejudiced thereby and it was reasonably possible to meet the time limit.
(2)
Method of giving notice. It is a sufficient service of notice or proof of loss if a 1st class postage prepaid envelope addressed to the insurer and containing the proper notice or proof is deposited in any U.S. post office within the time prescribed. The commissioner may expressly approve clauses requiring more expeditious methods of notice where that is reasonable.
(3)
Meaning of insurer's acts. The acknowledgment by the insurer of the receipt of notice, the furnishing of forms for filing proofs of loss, the acceptance of such proofs, or the investigation of any claim are not alone sufficient to waive any of the rights of the insurer in defense of any claim arising under the insurance contract.
History:  1975 c. 375.
An insured's contradictory statements constituted a breach of the contractual duties of notice and cooperation. Dietz v. Hardware Dealers Mutual Fire Insurance Co., 88 Wis. 2d 496, 276 N.W.2d 808 (1979).
When the insured fails to give notice within one year after the time required in the policy, there is a rebuttable presumption of prejudice, and the burden of proof shifts to the claimant to prove that the insurer was not prejudiced. Neff v. Pierzina, 2001 WI 95, 245 Wis. 2d 285, 629 N.W.2d 177, 99-1069.
An insurer is prejudiced by late notice when it has been denied the opportunity to have input into how the underlying claim is being defended. An insured may not assume that if its insurer had been given the opportunity to make a timely investigation, it would have produced the same result as that produced by the insured's own investigation or that any discovery that the insurer would have conducted would parallel that already conducted by the insured. Phoenix Contractors, Inc. v. Affiliated Capital Corp., 2004 WI App 103, 273 Wis. 2d 736, 681 N.W.2d 310, 03-2259.
Wisconsin's notice-prejudice statutes, this section and s. 632.26, do not supersede the reporting requirement specific to claims-made-and-reported policies. Anderson v. Aul, 2015 WI 19, 361 Wis. 2d 63, 862 N.W.2d 304, 13-0500.
The Federal Employee Retirement Income Security Act (ERISA) preempts state law related to any covered employee benefit plan, but does not preempt state regulation of insurance. This section regulates insurance and is not preempted. Bogusewski v. Life Insurance Co. of North America, 977 F. Supp. 1357 (1997).
2023 Wisconsin Statutes & Annotations › Chapter 631 - Insurance contracts generally. › 631.85 - Appraisal or arbitration.

631.85
Appraisal or arbitration.
An insurance policy may contain provisions for independent appraisal and compulsory arbitration, subject to the provisions of s. 631.20. If an approved policy provides for application to a court of record for the appointment of a disinterested appraiser, arbitrator, or umpire, any court of record of this state except the court of appeals or the supreme court may be requested to make an appointment. Upon appropriate request, the court shall make the appointment promptly. This section does not apply to a surplus lines insurance form issued under s. 618.41 before, on, or after April 20, 2012.
History:  1975 c. 375; 1977 c. 187; 2011 a. 224.
Although s. 631.20 generally refers to forms, its procedure for approval of forms is applicable to arbitration clauses under this section. An arbitration clause not approved under this section is per se invalid. Appleton Papers, Inc. v. Home Indemnity Co., 2000 WI App 104, 235 Wis. 2d 39, 612 N.W.2d 760, 99-1567.
2023 Wisconsin Statutes & Annotations › Chapter 631 - Insurance contracts generally. › 631.89 - Restrictions on use of genetic test results.

631.89
Restrictions on use of genetic test results.
(1)
In this section, “genetic test" means a test using deoxyribonucleic acid extracted from an individual's cells in order to determine the presence of a genetic disease or disorder or the individual's predisposition for a particular genetic disease or disorder.
(2)
An insurer, the state with respect to a self-insured health plan, or a county, city, village or school board that provides health care services for individuals on a self-insured basis, may not do any of the following:
(a)
Require or request directly or indirectly any individual or a member of the individual's family to obtain a genetic test.
(b)
Require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.
(bm)
Require or request directly or indirectly a health care provider, as defined in s. 146.81 (1) (a) to (p), who is or may be providing or who has or may have provided health care services to an individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.
(c)
Condition the provision of insurance coverage or health care benefits on whether an individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.
(d)
Consider in the determination of rates or any other aspect of insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.
(3)
(a)
Subsection (2) does not apply to an insurer writing life insurance coverage or income continuation insurance coverage.
(b)
An insurer writing life insurance coverage or income continuation insurance coverage that obtains information under sub. (2) (a) or (b) may not do any of the following:
1.
Use the information contrary to sub. (2) (c) or (d) in writing a type of insurance coverage other than life or income continuation for the individual or a member of the individual's family.
2.
Provide for rates or any other aspect of coverage that is not reasonably related to the risk involved.
History:  1991 a. 269; 1997 a. 74; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 631 - Insurance contracts generally. › 631.90 - Restrictions on use of tests for HIV.

631.90
Restrictions on use of tests for HIV.
(1)
In this section, “HIV test" has the meaning given in s. 252.01 (2m).
(2)
With regard to policies issued or renewed on and after July 20, 1985, an insurer may not do any of the following:
(a)
Require or request directly or indirectly any individual to reveal whether the individual has obtained an HIV test or what the results of this test, if obtained by the individual, were.
(b)
Condition the provision of insurance coverage on whether an individual has obtained an HIV test or what the results of this test, if obtained by the individual, were.
(c)
Consider in the determination of rates or any other aspect of insurance coverage provided to an individual whether an individual has obtained an HIV test or what the results of this test, if obtained by the individual, were.
(3)
(a)
Subsection (2) does not apply with regard to an HIV test for use in the underwriting of individual life, accident and health insurance policies that the commissioner finds and designates by rule as sufficiently reliable for use in the underwriting of individual life, accident and health insurance policies.
(b)
Paragraph (a) does not authorize the use of an HIV test to discriminate in violation of s. 628.34 (3).
History:  1985 a. 29, 73; 1987 a. 70 ss. 34, 36; 1989 a. 201 ss. 31, 36; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2009 a. 209.
2023 Wisconsin Statutes & Annotations › Chapter 631 - Insurance contracts generally. › 631.93 - Prohibited provisions concerning HIV infection.

631.93
Prohibited provisions concerning HIV infection.
(1)
Definitions. In this section, “HIV infection" means the pathological state produced by a human body in response to the presence of HIV, as defined in s. 631.90 (1).
(2)
Accident and health insurance. An accident or health insurance policy may not contain exclusions or limitations, including deductibles or copayments, for coverage of the treatment of HIV infection or any illness or medical condition arising from or related to HIV infection, unless the exclusions or limitations apply generally to other illnesses or medical conditions covered by the policy.
(3)
Life insurance. A life insurance policy may not deny or limit benefits solely because the insured's death is caused, directly or indirectly, by HIV infection or any illness or medical condition arising from or related to HIV infection.
History:  1989 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.07 - Prohibiting requiring property insurance in excess of replacement value.

632.07
Prohibiting requiring property insurance in excess of replacement value.
A lender may not require a borrower, as a condition of receiving or maintaining a loan secured by real property, to insure the property against risks to improvements on the real property in an amount that exceeds the replacement value or market value of the improvements, whichever is greater.
History:  2007 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.08 - Mortgage clause.

632.08
Mortgage clause.
A provision for payment to a mortgagee or other owner of a security interest in property may be contained in or added by endorsement to any insurance policy protecting against loss or destruction of or damage to property. If the insurance covers real property, any loss not exceeding $500 shall be paid to the insured mortgagor despite the provision, unless the mortgagee is a named insured.
History:  1975 c. 375; 1979 c. 102.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.10 - Definitions applicable to property insurance escrow.

632.10
Definitions applicable to property insurance escrow.
In ss. 632.10 to 632.104:
(1)
“Building and safety standards" means the requirements of chs. 101 and 145 and of any rule promulgated by the department of safety and professional services under ch. 101 or 145, and standards of a 1st class city relating to the health and safety of occupants of buildings.
(2)
“Deliver" means delivery in person, or delivery by deposit with the U.S. postal service of certified or 1st class mail addressed to the recipient at the recipient's last-known address.
(3)
“Final settlement" means the amount that an insurer owes under a property insurance policy to the named insured and other interests named in the policy for loss to any insured building or other structure affixed to land that is caused by fire or explosion, excluding any amount payable for loss to contents or other personal property, for loss of use or business interruption and any amount payable under liability coverage under the policy, and that is determined by any of the following means:
(a)
Acceptance of a proof of loss by the insurer.
(b)
Execution of a release by the named insured.
(c)
Acceptance of an arbitration award by the insurer and named insured.
(d)
Judgment of a court of competent jurisdiction.
History:  1989 a. 347; 1995 a. 27 ss. 7041, 9116 (5); 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.101 - Policy terms.

632.101
Policy terms.
(1)
Affected policies. Except as provided in sub. (2), every property insurance policy issued or delivered in this state, including property insurance policies issued under the mandatory risk-sharing plan operating under s. 619.01, that insures real property located in a 1st class city against loss caused by fire or explosion shall provide for payment of any final settlement under the policy in the manner described in ss. 632.102 to 632.104.
(2)
Excluded policies. Sections 632.10 to 632.104 do not apply to property insurance policies issued in any of the following circumstances:
(a)
By the local government property insurance fund under ch. 605.
(b)
On a one- or 2-family dwelling that is occupied by the named insured as a principal residence, if any of the following is satisfied:
1.
The named insured gives proof of occupancy to the insurer by a valid Wisconsin operator's license.
2.
If the named insured does not possess a valid Wisconsin operator's license, the named insured gives proof of occupancy to the 1st class city by documentation approved by the 1st class city. Upon acceptance of the proof, the 1st class city shall immediately notify the insurer that a policy issued on the property is exempt from ss. 632.10 to 632.104.
History:  1989 a. 347; 1991 a. 315.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.104 - Funds released to mortgagee.

632.104
Funds released to mortgagee.
(1)
First mortgage in default. The insurer shall release to a mortgagee funds withheld under s. 632.102, in an amount and within the period provided in sub. (2), if all of the following conditions are satisfied:
(a)
The mortgagee holds a first mortgage on the real property with respect to which the funds are being withheld, and the mortgage is in default.
(b)
The mortgage was executed before March 1, 1991.
(c)
The mortgagee delivers to the insurer a written request for release of the funds within 15 days after delivery of the notice of withholding under s. 632.102 (3).
(2)
Amount released; timing. If sub. (1) is satisfied, the insurer shall release to the mortgagee all or any portion of the funds withheld with respect to the mortgaged property as is necessary to satisfy an outstanding first lien mortgage of the mortgagee. The insurer shall release the funds within 10 days after receiving the request under sub. (1) (c).
History:  1989 a. 347.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.17 - Validity of surety bonds.

632.17
Validity of surety bonds.
(1)
Failure to file certificate. No instrument executed by an insurer authorized to do a surety business is ineffective because of failure to file the certificate of its authority to do business in this state or a certified copy thereof; but the officer with whom any instrument so executed has been filed or any person who might claim the benefit thereof may by written notice require the person filing the instrument to have a certified copy of the certificate of authority filed with the officer, and unless the copy is filed within 8 days after receipt of the notice the instrument does not satisfy the requirement that the instrument be supplied.
(2)
Satisfaction of obligations to provide surety. An undertaking in appropriate terms issued by an insurer authorized to do a surety business satisfies and is complete compliance with any authorization or requirement in the law of this state respecting surety bonds, undertakings or other similar obligations, and shall be accepted as such by any official authorized to receive or empowered to require such an undertaking, subject to sub. (1).
History:  1975 c. 375.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.185 - Vehicle protection product warranty insurance policy.

632.185
Vehicle protection product warranty insurance policy.
(1)
In this section:
(a)
“Vehicle protection product" has the meaning given in s. 100.203 (1) (e).
(b)
“Warrantor" has the meaning given in s. 100.203 (1) (f).
(c)
“Warranty" has the meaning given in s. 100.203 (1) (g).
(d)
“Warranty holder" has the meaning given in s. 100.203 (1) (h).
(e)
“Warranty reimbursement insurance policy" has the meaning given in s. 100.203 (1) (i).
(2)
A warranty reimbursement insurance policy that is issued, sold, or offered for sale in this state shall meet all of the following conditions:
(a)
The policy is issued by an insurer authorized to do business in this state.
(b)
The policy states that the issuer of the policy will reimburse or pay on behalf of the warrantor all covered sums that the warrantor is legally obligated to pay or will provide the service that the warrantor is legally obligated to perform according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor.
(c)
The policy states that if the warrantor does not provide payment due under the terms of the warranty within 60 days after the warranty holder has filed proof of loss according to the terms of the warranty, the warranty holder may file for a reimbursement directly with the issuer of the warranty reimbursement insurance policy.
(d)
The policy provides that the issuer of the warranty reimbursement insurance policy has received payment of the premium if the warranty holder paid for the vehicle protection product covered under the insured warranty and that the insurer's liability under the policy may not be reduced or relieved by a failure of the warrantor to report to the insurer the issuance of a warranty.
(e)
The policy contains the following provisions regarding cancellation:
1.
The policy may not be canceled by the issuer until a written notice of cancellation has been mailed or delivered to the commissioner and the insured warrantor.
2.
The cancellation of the policy does not reduce the issuer's responsibility with respect to warranties that apply to vehicle protection products sold prior to the date of cancellation.
3.
If the warrantor has filed the policy with the commissioner and the issuer cancels the policy, the warrantor shall do one of the following:
a.
File a copy of a new policy with the commissioner, before the termination of the prior policy, providing no lapse in coverage following the termination of the prior policy.
b.
Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and the commissioner accepts it.
History:  2003 a. 302.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.22 - Required provisions of liability insurance policies.

632.22
Required provisions of liability insurance policies.
Every liability insurance policy shall provide that the bankruptcy or insolvency of the insured shall not diminish any liability of the insurer to 3rd parties and that if execution against the insured is returned unsatisfied, an action may be maintained against the insurer to the extent that the liability is covered by the policy.
History:  1975 c. 375.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.23 - Prohibited exclusions in aircraft insurance policies.

632.23
Prohibited exclusions in aircraft insurance policies.
No policy covering any liability arising out of the ownership, maintenance or use of an aircraft, may exclude or deny coverage because the aircraft is operated in violation of air regulation, whether derived from federal or state law or local ordinance.
History:  1975 c. 375.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.25 - Limited effect of conditions in employer's liability policies.

632.25
Limited effect of conditions in employer's liability policies.
Any condition in an employer's liability policy requiring compliance by the insured with rules concerning the safety of persons shall be limited in its effect in such a way that in the event of breach by the insured the insurer shall nevertheless be responsible to the injured person under s. 632.24 as if the condition has not been breached, but shall be subrogated to the injured person's claim against the insured and be entitled to reimbursement by the latter.
History:  1975 c. 375.
“Condition" as used in this section does not refer to exclusion. Bortz v. Merrimac Mutual Insurance Co. 92 Wis. 2d 865, 286 N.W.2d 16 (Ct. App. 1979).
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.34 - Defense of noncooperation.

632.34
Defense of noncooperation.
If a policy of automobile liability insurance provides a defense to the insurer for lack of cooperation on the part of the insured, the defense is not effective against a 3rd person making a claim against the insurer unless there was collusion between the 3rd person and the insured or unless the claimant was a passenger in or on the insured vehicle. If the defense is not effective against the claimant, after payment the insurer is subrogated to the injured person's claim against the insured to the extent of the payment and is entitled to reimbursement by the insured.
History:  1975 c. 375, 421; 1979 c. 102, 104, 177.
Legislative Council Note, 1979: This provision is continued from former s. 632.34 (8). It is changed from a required provision of the policy to a rule of law. It is not the kind of rule that needs to be put in the policy to inform the policyholder. Indeed, the policyholder should receive no encouragement to fail to cooperate. This is a relaxation of present law. [Bill 146-S]
Prejudice is not a component of the defense of noncooperation. Schaefer v. Northern Assurance Co. 182 Wis. 2d 148, 513 N.W.2d 16 (Ct. App. 1994).
In Schaefer, the Wisconsin Court of Appeals confirmed that this section had abrogated the common-law requirement of prejudice in non-cooperation cases, but this was true only for cases involving automobiles, to which this section expressly applies. Welton Enterprises, Inc. v. Cincinnati Ins. Co. 131 F. Supp. 3d 827 (2015).
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.35 - Prohibited rejection, cancellation and nonrenewal.

632.35
Prohibited rejection, cancellation and nonrenewal.
No insurer may cancel or refuse to issue or renew an automobile insurance policy wholly or partially because of one or more of the following characteristics of any person: age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status or occupation.
History:  1975 c. 375; 1979 c. 102.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.36 - Accident in the course of business or employment.

632.36
Accident in the course of business or employment.
(1)
Rate and other terms. An insurer may increase or charge a higher rate for a motor vehicle liability insurance policy issued or renewed on or after April 16, 1982, on the basis of an accident which occurs while the insured is operating a motor vehicle in the course of the insured's business or employment, only if the policy covers the insured for liability arising in the course of the insured's business or employment. An insurer may issue or renew a motor vehicle liability insurance policy on or after November 1, 1989, on terms that are less favorable to the insured than would otherwise be offered, including but not limited to the rate, because of an accident which occurs while the insured is operating a motor vehicle in the course of the insured's business or employment, only if the policy covers the insured for liability arising in the course of the insured's business or employment.
(2)
Cancellation or nonrenewal. An insurer may cancel a motor vehicle liability insurance policy that is issued or renewed on or after November 1, 1989, or refuse to renew a motor vehicle liability insurance policy on or after November 1, 1989, on the basis of an accident which occurs while the insured is operating a motor vehicle in the course of the insured's business or employment, only if the policy covers the insured for liability arising in the course of the insured's business or employment.
History:  1981 c. 178; 1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.365 - Use of emission inspection data in setting rates.

632.365
Use of emission inspection data in setting rates.
An insurer may not use odometer reading data collected in the course of an inspection under s. 110.20 (6) or (7) as a factor in setting rates or premiums for a motor vehicle liability insurance policy or as a factor in altering rates or premiums during the term, or at renewal, of such a policy. However, an insurer may use such data as a basis for investigation into the number of miles that the motor vehicle is normally driven.
History:  1991 a. 279; 1993 a. 213.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.37 - Motor vehicle glass repair practices; restriction on specifying vendor.

632.37
Motor vehicle glass repair practices; restriction on specifying vendor.
An insurer that issues a motor vehicle insurance policy covering the repair or replacement of motor vehicle glass may not require, as a condition of that coverage, that an insured, or a 3rd party, making a claim under the policy for the repair or replacement of motor vehicle glass obtain services or parts from a particular vendor, or in a particular location, specified by the insurer.
History:  1991 a. 269.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.375 - Motor vehicle repair practices; restriction on specifying vendor.

632.375
Motor vehicle repair practices; restriction on specifying vendor.
(1)
Scope. This section applies to every insurer that issues or delivers in this state a motor vehicle insurance policy that covers repairs to a motor vehicle registered or principally garaged in this state.
(2)
Prohibited practices.
(a)
No insurer may require that, as a condition of the coverage specified in sub. (1), repairs to a motor vehicle must be made by a particular contractor or repair facility. For purposes of this section, a consumer has the right to select the motor vehicle repair facility of his or her choice.
(b)
No insurer may fail to initiate and conclude with due dispatch an investigation of a claim for repairs to a motor vehicle on the basis of whether the repairs will be made by a particular contractor or repair facility.
(3)
Inapplicability to glass repair. Section 632.37, rather than this section, applies to the repair or replacement of motor vehicle glass under a motor vehicle insurance policy.
History:  2015 a. 93.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.41 - Prohibited provisions in life insurance.

632.41
Prohibited provisions in life insurance.
(1)
Assessable policies. No insurer may issue assessable life insurance policies under which assessments or calls may be made upon policyholders or others.
(2)
Burial insurance. Except as provided in s. 632.415, no contract in which the insurer agrees to provide benefits to pay for any of the incidents of burial or other disposition of the body of a deceased may provide that the benefits are payable to a funeral director or any other person doing business related to burials.
History:  1975 c. 373, 375, 422; 1979 c. 102; 1995 a. 295; 1999 a. 191.
Sub. (2) does not prohibit naming funeral director as beneficiary of life insurance policy in conjunction with separate agreement between insured and funeral director that proceeds will be used for funeral and burial expenses. 71 Atty. Gen. 7.
Purpose of (2) is to prevent monopolistic or unfair trade practices. 76 Atty. Gen. 291.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.42 - Trustee and deposit agreements in life insurance.

632.42
Trustee and deposit agreements in life insurance.
(1)
Trustee and other agreements. An insurer may hold as a part of its general assets the proceeds of any policy subject to this subchapter under a trust or other agreement upon such terms and restrictions as to revocation by the policyholder and control by the beneficiary and with such exemptions from the claims of creditors of the beneficiary as the insurer and the policyholder agree to in writing. An insurer may also receive funds in such amounts and upon such conditions, including the right of the policyholder to withdraw unused portions thereof, as the insurer and the policyholder agree to in writing:
(a)
Advance premiums. As premiums in advance upon policies or annuities subject to this subchapter; or
(b)
New policies. To accumulate for the purchase of future policies or annuities subject to this subchapter.
(2)
Accumulation of funds. Any insurer may, in connection with life insurance or annuity contracts, accept funds remitted to it under an agreement for an accumulation of the funds for the purpose of providing annuities or other benefits, under such reasonable rules as are prescribed by the commissioner.
History:  1975 c. 373, 375, 422.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.44 - Required provisions in life insurance.

632.44
Required provisions in life insurance.
(1)
Separate benefits. Every life insurance policy shall specify separately each benefit promised in the policy.
(2)
Grace period. Every life insurance policy other than a group policy shall contain a provision entitling the policyholder to a grace period of not less than 31 days for the payment of any premium due except the first, during which the death benefit shall continue in force.
(3)
Credit life.
(a)
Individual credit life insurance policies shall be for nonrenewable, nonconvertible, term insurance. This restriction does not apply when evidence of insurability is required nor when the credit transaction is for more than 5 years.
(b)
When the insured debtor has paid or has made an obligation to pay all or any part of the premium under an individual credit life insurance policy, the total charge to the debtor shall be shown in the policy issued to the insured debtor. However, the rate of charge to the debtor rather than the total charge may be shown where the indebtedness is variable from period to period and the premium is computed periodically on the outstanding balance. The policy shall contain provision for cancellation of insurance upon termination of indebtedness through prepayment and shall provide for a refund of any unearned charge to the debtor, computed on a formula filed with the commissioner.
(c)
The insurer shall fully control and be responsible for the settlement or adjustment of all claims.
History:  1975 c. 375, 421.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.45 - Contracts providing variable benefits.

632.45
Contracts providing variable benefits.
(1)
Identification. Any contract issued under s. 611.25 or under any section of chs. 600 to 646 incorporating s. 611.25 by reference which provides for payment of benefits in variable amounts shall contain a statement of the essential features of the procedure to be followed by the insurer in determining the dollar amount of the variable benefits. It shall contain appropriate nonforfeiture benefits in lieu of those under s. 632.43 or 632.435 and a grace provision appropriate to such a contract in lieu of the provision required by s. 632.44. Any such individual contract and any such certificate issued under a group contract shall state that the dollar amount may decrease or increase and shall conspicuously display on its first page a statement that the benefits thereunder are on a variable basis, with a statement where in the contract the details of the variable provisions may be found.
(2)
Amendments. Any contract under sub. (1) shall state whether it may be amended as to investment policy, voting rights, and conduct of the business and affairs of any segregated account. Subject to any preemptive provision of federal law, any such amendment is subject to filing under s. 631.20 and approval by a majority of the policyholders in the segregated account.
(3)
Marketing plan. Contracts under sub. (1), if they are not forms, may be issued only within the terms of a general marketing plan approved by the commissioner. The marketing plan shall be designed to protect the interests of the policyholders in regard to any voting rights and operation of the segregated account and amendment of the contract.
History:  1975 c. 375; 1977 c. 153 s. 6; 1977 c. 339 s. 44; 1979 c. 89, 102, 177; 1989 a. 332; 2007 a. 168.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.46 - Incontestability and misstated age.

632.46
Incontestability and misstated age.
(1)
Incontestability of individual policies. Except under sub. (3) or (4) or for nonpayment of premiums, no individual life insurance policy may be contested after it has been in force from the date of issue for 2 years during the lifetime of the person whose life is at risk.
(2)
Incontestability of group policies. Except under sub. (3) or (4) or for nonpayment of premiums, no group life insurance policy may be contested after it has been in force for 2 years from its date of issue and no coverage of any insured thereunder may be contested on the basis of a statement made by the insured relative to his or her insurability after the coverage has been in force on the insured for 2 years during the lifetime of the insured. No such statement may be used to contest coverage unless contained in a written instrument signed by the insured person.
(3)
Misstated age or sex.
(a)
Subject to par. (b), if the age or sex of the person whose life is at risk is misstated in an application for a policy of life insurance and the error is not adjusted during the person's lifetime the amount payable under the policy is what the premium paid would have purchased if the age or sex had been stated correctly.
(b)
If the person whose life is at risk was, at the time the insurance was applied for, beyond the maximum age limit designated by the insurer, the insurer shall refund at least the amount of the premiums collected under the policy.
(4)
Disability coverages and additional accident benefits. Despite subs. (1) and (2), disability coverages and additional accident benefits may be contested at any time on the ground of fraudulent misrepresentation.
History:  1975 c. 373, 375, 422; 1979 c. 102.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.47 - Assignment of life insurance rights.

632.47
Assignment of life insurance rights.
(1)
General. Except as provided in sub. (3), the owner of any rights under a life insurance policy or annuity contract may assign any of those rights, including any right to designate a beneficiary and the rights secured under s. 632.57 or any other statute. An assignment valid under general contract law vests the assigned rights in the assignee subject, so far as reasonably necessary for the protection of the insurer, to any provisions in the insurance policy or annuity contract inserted to protect the insurer against double payment or obligation.
(2)
Relative rights of assignee and beneficiary. The rights of a beneficiary under a life insurance policy or annuity contract are subordinate to those of an assignee, unless the beneficiary was effectively designated as an irrevocable beneficiary prior to the assignment.
(3)
Prohibition on assignment. Assignment may be expressly prohibited by any of the following:
(a)
A group contract providing annuities as retirement benefits.
(b)
An annuity contract that is subject to transferability restrictions under any federal or state tax, employee benefit or securities law.
History:  1975 c. 373, 375, 422; 1999 a. 30.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.48 - Designation of beneficiary.

632.48
Designation of beneficiary.
(1)
Powers of policyholders. Subject to s. 632.47 (2), no life insurance policy or annuity contract may restrict the right of a policyholder or certificate holder:
(a)
Irrevocable designation of beneficiary. To make at any time an irrevocable designation of beneficiary effective at once or at some subsequent time; or
(b)
Change of beneficiary. If the designation of beneficiary is not explicitly irrevocable, to change the beneficiary without the consent of the previously designated beneficiary. Subject to s. 853.17, as between the beneficiaries, any act that unequivocally indicates an intention to make the change is sufficient to effect it.
(2)
Protection of insurer. An insurer may prescribe formalities to be complied with for the change of beneficiaries, but formalities prescribed under this subsection shall be designed only for the protection of the insurer. The insurer discharges its obligation under the insurance policy or certificate of insurance if it pays a properly designated beneficiary unless it has actual notice of either an assignment or a change in beneficiary designation made under sub. (1) (b). It has actual notice if the prescribed formalities are complied with or if the change in beneficiary has been requested in the form prescribed by the insurer and delivered to an intermediary representing the insurer.
(3)
Notice of changes. An insurer that receives a request from the department of health services under s. 49.47 (4) (cr) 2. for notification shall comply with the request and notify the department of any changes to or payments made under the annuity contract to which the request for notification relates.
History:  1975 c. 373, 375, 422; 1979 c. 93; 2007 a. 20 ss. 3666, 9121 (6) (a).
Legislative Council Note, 1979: The amendment to sub. (2) adds a situation in which the insured has acted reasonably in dealing with a representative of the insurer. As between the insurer and the insured, the burden should fall upon the insurer if the agent makes an error of this kind. The insurer, of course, may have a cause of action against its agent. [Bill 20-S]
Under the facts of the case, the decedent's oral instruction to his attorney to change a beneficiary was a sufficient “act" under sub. (1) (b) even though the new beneficiary was not designated with sufficient specificity. Empire General Life Insurance v. Silverman, 135 Wis. 2d 143, 399 N.W.2d 910 (1987).
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.50 - Estoppel from medical examination.

632.50
Estoppel from medical examination.
If under the rules of any insurer issuing life insurance, its medical examiner has authority to issue a certificate of health, or to declare the proposed insured acceptable for insurance, and so reports to the insurer or its agent, the insurer is estopped to set up in defense of an action on the policy issued thereon that the proposed insured was not in the condition of health required by the policy at the time of issue or delivery, or that there was a preexisting condition not noted in the certificate or report, unless the certificate or report was procured through the fraudulent misrepresentation or nondisclosure by the applicant or proposed insured.
History:  1975 c. 375.
Estoppel under this section may apply against insurers who seek a medical examiner's opinion regarding fitness for insurance without establishing any formal rules regarding the examiner's authority. Grosse v. Protective Life Insurance Co. 182 Wis. 2d 97, 513 N.W.2d 592 (1994).
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.56 - Required group life insurance provisions.

632.56
Required group life insurance provisions.
Every group life insurance policy shall contain the following:
(1)
Evidence of insurability. A provision setting forth any conditions under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of that coverage.
(2)
Misstatement of age. A provision specifying that an equitable adjustment of premiums or of benefits or of both will be made if the age of an insured person has been misstated and clearly stating the method of adjustment.
(3)
Facility of payment. A provision that any sum becoming due by reason of the death of an insured person is payable to the beneficiary designated by the insured person, subject to policy provisions if there is no designated beneficiary, and to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of the sum not exceeding $1,000 to any person appearing to the insurer to be equitably entitled thereto by reason of having incurred funeral or other expenses incident to the last illness or death of the insured person. This subsection does not apply to a policy issued to a creditor to insure his or her debtors.
(4)
Nonforfeiture. If it is not term insurance, equitable nonforfeiture provisions, but they need not be the same provisions as are in individual policies.
(5)
Grace period. A provision that the policyholder is entitled to a grace period of not less than 31 days for the payment of any premium due except the first. During the grace period the death benefit coverage shall continue in force, unless the policyholder gives the insurer advance written notice of discontinuance in accordance with the terms of the policy. The policy may provide that the policyholder shall be liable to the insurer for the payment of a proportional premium for the time the policy was in force during the grace period.
History:  1975 c. 375, 421; 1979 c. 110 s. 60 (11).
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.60 - Limitation on credit life insurance.

632.60
Limitation on credit life insurance.
Nothing in chs. 600 to 646 authorizes licensees under s. 138.09 to require or accept insurance not permitted under s. 138.09 (7) (h).
History:  1975 c. 375; 1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.64 - Certification of disability.

632.64
Certification of disability.
For the purpose of insurance policies that they issue, insurers doing a life insurance business in this state shall afford equal weight to a certification of disability signed by a physician with respect to matters within the scope of the physician's professional license, to a certification of disability signed by a chiropractor with respect to matters within the scope of the chiropractor's professional license, and to a certification of disability signed by a podiatrist with respect to matters within the scope of the podiatrist's professional license. This section does not require an insurer to treat a certificate of disability as conclusive evidence of disability.
History:  1981 c. 55; 2009 a. 113.
2023 Wisconsin Statutes & Annotations › Chapter 632 - Insurance contracts in specific lines. › 632.65 - Annuities exempt from regulation.

632.65
Annuities exempt from regulation.
(1)
In this section, “qualified charitable gift annuity" means an annuity that satisfies all of the following:
(a)
The annuity is established under a transaction that, for federal income tax purposes, is treated partly as a charitable contribution under section 170 of the Internal Revenue Code and partly as an investment in an annuity contract under section 72 of the Internal Revenue Code.
(b)
The annuity meets the requirements of an annuity for which the obligation to pay is excluded from the definition of “acquisition indebtedness" under section 514 (c) (5) of the Internal Revenue Code.
(2)
(a)
Notwithstanding any provision of chs. 600 to 646 to the contrary and except as provided in this section, a qualified charitable gift annuity is not subject to regulation under chs. 600 to 646.
(b)
A charitable organization may not issue a qualified charitable gift annuity unless the charitable organization has been in continuous existence for at least 3 years, or is a successor or affiliate of a charitable organization that has been in continuous existence for at least 3 years.
(c)
A qualified charitable gift annuity contract must include the following disclosure statement: “A qualified charitable gift annuity is not insurance under the laws of this state and is not subject to regulation by the commissioner of insurance of this state or protected by an insurance guaranty fund or an insurance guaranty association."
(3)
This section applies to qualified charitable gift annuities in existence on or after April 18, 2014. A person that issued before April 18, 2014, a qualified charitable gift annuity that is in existence on April 18, 2014, shall provide notice of the provisions of this section to the policy owner or beneficiary, whichever is appropriate, of the qualified charitable gift annuity.
History:  2013 a. 271; 2015 a. 195 s. 82.