reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter V - Notice of Hearing Pleadings; Form and Filing of Documents › Section Ins 5.15 - Amendment of pleadings

Current through June 24, 2024
(1) Section
				802.09(1) to
				(4), Stats., applies in contested cases under
				this chapter.
(2) The
				administrative law judge may permit a party to amend an answer or pleading at
				any time during a contested case. The administrative law judge may deny a
				motion to amend if the amendment would unduly delay or disrupt the proceeding
				or would constitute a significant injustice to any party.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter V - Notice of Hearing Pleadings; Form and Filing of Documents › Section Ins 5.17 - Papers; identification; form; filing; service

Current through June 24, 2024
(1) PAPERS
				CAPTIONED. Except as otherwise permitted by the administrative law judge, each
				party shall, to the extent practicable, caption each pleading, notice, motion,
				brief, stipulation, decision, order and other paper filed in a contested case
				with all of the following:
(a)
1. If the contested case arises under ch. Ins
				17, the heading,"Board of the Patients Compensation Fund."
3. In any other case, the heading,
				"Commissioner of Insurance."
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VI - Administrative Law Judge Authority; Sanctions › Section Ins 5.19 - Administrative law judges

Current through June 24, 2024
(1) APPOINTMENT.
				The commissioner, an official or employee of the office designated by the
				commissioner, an employee borrowed from another agency as provided in s.
				227.46(1)(intro.),
				Stats., or a person employed as a special project or limited-term employee by
				the office or appointed according to the terms of a contract to which the
				office is a party, shall act as administrative law judge for each contested
				case.
(2) AUTHORITY AND DUTIES. The
				administrative law judge may do any of the following:
(a) Require the parties to submit
				supplementary pleadings in order to clarify positions or issues.
(b) Consolidate proceedings and order the
				joinder of parties.
(c) Admit
				intervenors as parties to a contested case.
(d) Provide interpreters under s.
				885.37(3)
				(b) and (3m), Stats.
(e) Make procedural rulings and issue
				scheduling and other orders.
(f)
				Adjourn or postpone proceedings.
(g) Grant extensions of time to file
				papers.
(h) Issue subpoenas to
				compel the attendance of witnesses and the production of evidence.
(i) Regulate discovery proceedings and issue
				orders to compel or limit discovery.
(j) Hold prehearing conferences.
(k) Preside over and regulate the course of
				hearings.
(L) Administer oaths and
				affirmations.
(m) Receive evidence
				and make evidentiary rulings.
(n)
				Impose or recommend sanctions for disobedient parties.
(o) Require or permit parties to file written
				briefs and arguments.
(p) Supervise
				the compilation of the record.
(q)
				Order preparation of a written transcript of oral proceedings and supervise
				preparation of the transcript.
(r)
				Issue proposed decisions.
(s)
				Advise the final decision maker on final decisions and orders.
(t) Issue final decisions and orders if
				appointed as final decision maker by the commissioner or a board.
(u) Certify the contested case record to a
				circuit court, if necessary for a judicial review proceeding.
(v) Take any other action authorized by
				law.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VI - Administrative Law Judge Authority; Sanctions › Section Ins 5.21 - Failure to appear, answer or comply with administrative law judge's order

Current through June 24, 2024
(1)
				FAILURE TO ANSWER OR APPEAR.
(a) If a party
				other than due to excusable neglect, fails to file an answer by the date
				specified in the notice of hearing or fails to appear at the prehearing
				conference or fails to appear at the scheduled hearing, the administrative law
				judge shall promptly issue and serve a final decision finding the party in
				default, accepting the opposing party's allegations as true and deciding the
				case based on those allegations. If proof of any fact is necessary for the
				administrative law judge to issue the decision the administrative law judge
				shall receive the proof.
(b) The
				administrative law judge may relieve a party from a default decision only if:
1. The party files a motion for relief within
				a reasonable time but not more than one year after the decision is mailed;
				and
2. The party establishes that
				the failure to file an answer or to appear was due to excusable neglect. For
				the purpose of this paragraph failure to receive a notice, pleading, decision,
				or other document in a proceeding is not a basis to establish excusable neglect
				if the notice, pleading, decision, or other document was mailed to the address
				of a licensee of the office at the address shown in the office records, to an
				address provided by the party in the course of the proceeding or to the address
				of an attorney representing the party. If the office does not have such an
				address, failure to receive the document does not establish excusable neglect
				if the document is mailed to an address the party represents to the public or
				otherwise as a business address.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VII - Motions; Subpoenas; Record; Miscellaneous Provisions › Section Ins 5.23 - Appearances

Current through June 24, 2024
(1) A party may appear in person or by an
				attorney licensed to practice law in this state.
(2) Each party or person appearing for a
				party shall furnish his or her name and mailing address to the administrative
				law judge and shall promptly notify the administrative law judge of any change
				of address. The mailing address last furnished to the administrative law judge
				shall be conclusively presumed to be the correct address.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VII - Motions; Subpoenas; Record; Miscellaneous Provisions › Section Ins 5.25 - Motions

Current through June 24, 2024
(1) GENERAL. A person requesting an order
				from the administrative law judge shall make the request in the form of a
				motion which clearly describes the order sought and the grounds for granting
				it. A person may move the administrative law judge for any substantive or
				procedural order authorized by law, including any of the following:
(a) An order dismissing a party or case for
				lack of personal or subject matter jurisdiction. A motion to dismiss for lack
				of jurisdiction may be made at any point in the proceeding, but shall be made
				as soon as the basis for the motion becomes apparent to the moving
				party.
(b) An order dismissing a
				contested case before a hearing for failure to state a claim on which relief
				can be granted.
(c) An order
				granting summary judgment as to any issue or the entire matter under
				consideration. A motion for summary judgment shall be brought and decided in
				accordance with s.
				802.08,
				Stats.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VII - Motions; Subpoenas; Record; Miscellaneous Provisions › Section Ins 5.27 - Subpoenas

Current through June 24, 2024
(1) GENERAL. The administrative law judge or
				a party's attorney of record may issue a subpoena in a contested case to compel
				the attendance of any witness or the production of relevant evidence. The
				person issuing the subpoena shall serve a copy on all other parties. Sections
				814.67
				and
				885.06,
				Stats., govern the payment of witness fees and expenses.
(2) REQUEST FOR SUBPOENA. A party may request
				the administrative law judge to issue a subpoena on behalf of that party by
				submitting the proposed subpoena for the administrative law judge's signature.
				The administrative law judge may not sign a blank subpoena form. The requesting
				party is responsible for serving the subpoena and for paying any service,
				witness and travel fees.
(3)
				DENIAL; LIMITATIONS. The administrative law judge may limit the scope of a
				subpoena or deny a request for a subpoena if it appears to be unreasonable,
				oppressive, excessive in scope or unduly burdensome.
(4) COMPLIANCE. In addition to the sanctions
				provided under s.
				Ins
				5.21, a person who fails to comply with a subpoena
				issued under this section may be compelled as provided under s.
				885.12,
				Stats., and may be subject to administrative sanctions including, but not
				limited to, sanctions for a violation of an order issued under ss.
				601.41(4)
				and
				601.42(4),
				Stats.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VII - Motions; Subpoenas; Record; Miscellaneous Provisions › Section Ins 5.29 - Record of oral proceedings; transcripts

Current through June 24, 2024
(1) METHOD OF
				RECORDING.
(a) The administrative law judge
				shall provide for a stenographic or electronic recording of oral proceedings in
				a contested case. Proceedings shall be electronically recorded unless a board
				is the final decision maker or the administrative law judge determines that a
				stenographic record is necessary, in which case, the office or administrative
				law judge shall provide for the stenographic record.
(b) Instead of an electronic recording of
				oral proceedings, any party may provide for a stenographic record at the
				party's own expense. A party other than the office that provides for a
				stenographic record shall furnish the administrative law judge with the
				original and the attorney for the office, if any, with a copy of the transcript
				at no cost.
(c) Any party may make
				his or her own electronic audio recording of a proceeding.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VII - Motions; Subpoenas; Record; Miscellaneous Provisions › Section Ins 5.31 - Proceedings open to public; exceptions

Current through June 24, 2024
(1) PROCEEDINGS
				OPEN. The public may attend the proceedings in every contested case except as
				provided in s.
				601.44(6)
				or
				645.24(1),
				Stats., or as otherwise ordered by the administrative law judge.
(2) EXCEPTIONS. Upon motion by any party, the
				administrative law judge may do any of the following by order:
(a) Prohibit the disclosure of information or
				restrict attendance at any portion of a proceeding if the administrative law
				judge determines that the order is necessary to prevent disclosure of a trade
				secret, as defined in s.
				227.46(7)
				(b), Stats., or other information which is
				protected by law from public disclosure.
(b) Exclude prospective witnesses from
				attending portions of a proceeding if the administrative law judge determines
				that the order will promote the interests of justice. Exclusionary orders shall
				conform to s.
				906.15,
				Stats.
(c) Prohibit any person from
				further attendance at a proceeding if that person engages in disruptive
				behavior which inhibits the orderly conduct of the proceeding.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VIII - Prehearings; Hearing Procedure › Section Ins 5.33 - Prehearing conference

Current through June 24, 2024
(1) PURPOSES. One or more prehearing
				conferences may be held to consider or determine any of the following:
(a) Possibilities for settling the
				case.
(b) The clarification of
				issues.
(c) The necessity or
				desirability of amending the pleadings.
(d) The possibility of obtaining stipulations
				of fact, law or evidence that will avoid unnecessary arguments or offers of
				proof.
(e) The party having the
				burden of proof in the proceeding.
(f) The identification of witnesses and
				evidence for hearing.
(g)
				Limitations on the number of witnesses.
(h) The deadline for prefiling exhibits and
				prepared testimony under s.
				Ins 5.39(5)
				(e).
(i) Prehearing motions and discovery
				requests.
(j) The need for an
				interpreter under s.
				885.37(3)
				(b), Stats.
(k) The scheduling of proceedings in the
				contested case, including the date, time and location of additional prehearing
				conferences, motion hearings and the hearing.
(L) The scheduling of any telephonic
				testimony that will be offered.
(m)
				Other matters which may aid the orderly consideration and disposition of the
				contested case.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VIII - Prehearings; Hearing Procedure › Section Ins 5.35 - Discovery

Current through June 24, 2024
(1) CLASS 2 CONTESTED CASES. In a class 2
				contested case, every party is entitled to discovery as provided in s.
				227.45(7),
				Stats., and ch. 804, Stats.
(2)
				OTHER CONTESTED CASES. In a class 1 or class 3 contested case, the
				administrative law judge may by order authorize discovery by any party under s.
				227.45(7),
				Stats., and ch. 804, Stats. Except as provided in s.
				227.45(7) (a) to
				(d), Stats., the decision to grant or deny a
				discovery request in a class 1 or class 3 contested case is subject to the
				administrative law judge's discretion. The administrative law judge may issue a
				discovery order in response to a motion by any party.
(3) EXCHANGE OF EVIDENCE AND WITNESS LISTS.
(a) Except as provided under par. (b), or
				unless the administrative law judge orders otherwise, each party in a contested
				case shall serve every other party with all of the following by the date
				ordered by the administrative law judge:
1.
				The name and address of every person whom the party intends to call as a
				witness at the hearing. Expert witnesses shall be identified as such.
2. A copy of every document which the party
				intends to offer as evidence at the hearing.
3. A description of each item of physical
				evidence which the party intends to offer as evidence at the hearing. Upon
				request by any other party, the party offering the physical evidence shall
				permit the requesting party to make reasonable inspection of the physical
				evidence before the hearing.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VIII - Prehearings; Hearing Procedure › Section Ins 5.37 - Stipulations; settlement

Current through June 24, 2024
(1) STIPULATIONS. The parties may stipulate
				to any matter at issue in a contested case. The parties may submit a written
				stipulation signed by the parties to the administrative law judge who shall
				enter it in the record. During a proceeding, the administrative law judge, or
				any of the parties at the direction of the administrative law judge, shall
				dictate the contents of any oral stipulation for inclusion in the
				record.
(2) SETTLEMENT. At any time
				during a contested case proceeding, the parties may agree to settle the case.
				The parties shall notify the administrative law judge of the agreement to
				settle.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VIII - Prehearings; Hearing Procedure › Section Ins 5.39 - Hearing

Current through June 24, 2024
(1) DATE, TIME AND LOCATION.
(a) A hearing shall be held at the date, time
				and location specified in the notice of hearing under s.
				Ins 5.12, or at
				another date, time and location ordered by the administrative law judge. In
				rescheduling the date, time and location, the administrative law judge shall
				consider all of the following:
1. The
				location and convenience of office staff involved in the proceeding.
2. The location and convenience of
				witnesses.
3. The location and
				convenience of the parties.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VIII - Prehearings; Hearing Procedure › Section Ins 5.40 - Costs to prevailing party

Current through June 24, 2024
(1) MOTION.
(a) An individual or small business or small
				nonprofit corporation, as defined in s.
				227.485(2) (c)
				and (d), Stats., that believes it may be
				entitled to costs under s.
				227.485(3),
				Stats., may make a motion for costs as provided in par. (b), (c) or (d). The
				motion shall include proof that the party is eligible for an award of costs
				under s.
				227.485(7),
				Stats.
(b) If a hearing is held, a
				party believing that it may prevail shall make a motion for costs, if any,
				before the close of the hearing. The moving party and the attorney representing
				the office in a class 2 proceeding or the office, board, plan, fund or council
				in a class 1 or class 3 proceeding shall include arguments on the motion in the
				briefs ordered by the administrative law judge.
(c) If the matter is submitted to the
				administrative law judge on briefs without a hearing, a party believing that it
				may prevail shall file a motion for costs, if any, at the time the parties
				agree to submit the matter on briefs or within a reasonable time thereafter as
				permitted by the administrative law judge, but not later than the due date of
				the party's brief. The moving party and the attorney representing the office in
				a class 2 proceeding or the office, board, plan, fund or council in a class 1
				or class 3 proceeding shall include arguments on the motion in the briefs
				ordered by the administrative law judge.
(d)
1. If
				the matter is finally disposed of other than by a decision under s.
				Ins 5.45, the
				prevailing party shall file a motion for costs, if any, and a brief in support
				of the motion within 30 calendar days after receiving notice of the final
				disposition, except that if the parties settle the matter by stipulation, a
				prevailing party may not file a motion for costs unless the stipulation
				expressly authorizes the party to do so.
2. The attorney representing the office in a
				class 2 proceeding or the office, board, plan, fund or council in a class 1 or
				class 3 proceeding shall file a brief in opposition to the motion within 30
				calendar days after the deadline for filing under subd. 1.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter VIII - Prehearings; Hearing Procedure › Section Ins 5.41 - Arguments; briefing

Current through June 24, 2024
(1) FILING.
(a) Unless the administrative law judge
				permits oral argument instead of briefing or determines that briefing is not
				necessary, each party shall file a written brief conforming to sub. (2) on the
				issues involved in the hearing. If a brief contains a summary of evidence or
				facts relied on, it shall, if possible, include references to specific exhibits
				or pages of the record containing the evidence. No new evidence may be attached
				to or referred to in a brief, other than evidence admitted under s.
				Ins
				5.39(8).
(b) The party having the burden of proof
				shall file the first brief, unless the parties stipulate to the simultaneous
				filing of briefs. The administrative law judge may permit or order the filing
				of reply briefs. Each party shall file its brief by the date specified by the
				administrative law judge, unless he or she grants an extension of the time for
				good cause shown. The administrative law judge may refuse to consider any brief
				that is not filed on a timely basis. The filing of a party's brief before the
				specified date does not affect the deadlines for subsequent briefs.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter IX - Decisions › Section Ins 5.43 - Proposed decision

Current through June 24, 2024
(1) ISSUED BY ADMINISTRATIVE LAW JUDGE. If
				the administrative law judge is not the final decision maker in a contested
				case, the administrative law judge shall prepare a proposed decision for
				consideration by the final decision maker. The proposed decision shall include
				proposed findings of fact, proposed conclusions of law, a recommended final
				order and the administrative law judge's signed opinion explaining the proposed
				decision. The administrative law judge shall serve a copy of the proposed
				decision on each party.
(2)
				OBJECTIONS BY PARTIES.
(a) Any party may file
				written objections to the administrative law judge's proposed decision under
				sub. (1). Unless the final decision maker specifies a different time period, an
				objecting party shall file objections within 20 calendar days after service of
				the proposed decision and shall serve copies on the other parties. The
				objecting party shall identify the legal or factual grounds for each objection,
				and may file a written brief in support of the objections.
(b) Any other party may file a written
				response to the objections under par. (a) within 10 calendar days after the
				objections are filed.
(c) A final
				decision maker may, upon written motion by a party, do either of the following:
1. Extend or limit the time for filing
				objections or responses to objections.
2. Permit the parties to make further oral or
				written arguments to the final decision maker.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases › Subchapter IX - Decisions › Section Ins 5.45 - Final decision

Current through June 24, 2024
(1) FINAL DECISION MAKER.
(a) If the proceeding arises under ch. Ins 17
				or a petition for a declaratory ruling under s.
				619.04,
				Stats., or ch. 655, Stats., the PCF board shall be the final decision maker
				unless the PCF board directs that the administrative law judge's decision shall
				be final.
(c) In any other case,
				the commissioner shall be the final decision maker unless the commissioner
				directs that the administrative law judge's decision shall be final.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.01 - Foreign company to operate 2 years before admission

Current through June 24, 2024
Experience has demonstrated that until a company has engaged in
				the business of insurance for at least 2 years there is not a sufficient basis
				upon which to form a judgment as to whether its methods and practices in the
				conduct of its business are such as to safeguard the interests of its
				policyholders and the people of this state. Therefore, no application of a
				foreign insurance company or mutual benefit society for a license to transact
				business in Wisconsin will be considered until it has continuously transacted
				the business of insurance for at least 2 years immediately prior to the making
				of such application for license.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.02 - Company to transact a kind of insurance 2 years before admission

Current through June 24, 2024
(1) Experience has
			 demonstrated that until a company has engaged in a kind of insurance or in
			 another kind of insurance of the same class for at least 2 years, there is not
			 a sufficient basis upon which to form a judgment as to whether its methods and
			 practices in the conduct of its business in such kind of insurance or another
			 kind in the same class of insurance, are such as to safeguard the interests of
			 its policyholders and the people of this state. Therefore, no application of a
			 foreign insurance company or mutual benefit society for a license to transact a
			 kind of insurance business in Wisconsin will be considered until it has
			 continuously transacted that kind of insurance, or another kind of insurance in
			 the same class of insurance as that for which it makes such application for at
			 least 2 years immediately prior to making such application. For the purposes
			 hereof, insurance is divided into kinds of insurance according to the
			 provisions of s.
			 Ins
			 6.75, each subsection setting forth a separate kind,
			 and into classes of insurance upon the basis of and including the said kinds as
			 follows:
(a) Fire insurance includes the
			 kinds in s.
			 Ins 6.75(2)
			 (a).
(b) Life insurance includes the kinds in s.
			 Ins 6.75(1) (a) and
			 (b) but excluding all insurance on the health
			 of persons other than that authorized in s.
			 627.06,
			 Stats., and s.
			 Ins
			 6.70.
(c)
			 Casualty insurance includes the kinds in s.
			 Ins 6.75(2) (c)
			 through (n).
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.03 - Domestication of nondomestic insurer

Current through June 24, 2024
(1) PURPOSE. Under
			 s.
			 611.223(1)
			 (a), Stats., a nondomestic insurer may apply
			 to the commissioner to become a domestic insurer. In accordance with s.
			 611.223(1)
			 (b), Stats., this section specifies the
			 contents of the application needed from a nondomestic insurer to obtain a
			 certificate of incorporation and certificate of authority to be a domestic
			 insurer.
(2) SCOPE. This section
			 applies to each nondomestic insurer which submits to the commissioner under s.
			 611.223(1)
			 (a), Stats., an application for a certificate
			 of incorporation and a certificate of authority for domestic
			 insurers.
(3) REQUIRED CONTENTS OF
			 THE APPLICATION. The application for a certificate of incorporation and a
			 certificate of authority shall be filed in accordance with s.
			 611.223(1)
			 (a), Stats., and shall include the following
			 information:
(a) Information on the
			 corporation and officers and directors, including all of the following:
1. The names, and for the preceding 10 years
			 all addresses and all occupations of all existing and proposed directors and
			 officers;
2. Certified copies of
			 the articles and bylaws of the corporation and of any proposed amendments
			 thereto in conjunction with the change of domicile;
3. All agreements relating to the corporation
			 to which any existing or proposed director or officer is a party;
4. The present and proposed compensation of
			 existing and proposed directors and officers; and
5. The holding company information required
			 in s.
			 Ins
			 40.03(3) if the insurer must report
			 this information under s.
			 617.11(1),
			 Stats.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.05 - Filing of insurance forms

Current through June 24, 2024
(1) PURPOSE. This
			 section interprets and implements ss.
			 601.42,
			 631.20,
			 631.22
			 and
			 631.61,
			 Stats.
(2) SCOPE. The requirements
			 of this section shall apply to forms subject to s.
			 631.01,
			 Stats., for the lines of insurance listed in s.
			 Ins
			 6.75, except s.
			 Ins 6.75(2) (b) and
			 (k).
(3) DEFINITIONS.
(a) "Affiliated insurer" means an insurer
			 which is a member or subscriber to a rate service organization licensed under
			 s.
			 625.32, Stats., and
			 which has authorized the rate service organization to file forms on its
			 behalf.
(b) "Certificate of
			 compliance and readability" means a document in substantially identical format
			 to Appendix A which is signed by an officer of the insurer.
(c) "Certificate of readability" means a
			 written statement signed by an officer of the insurer stating that the form is
			 subject to s.
			 Ins
			 6.07 and that the form meets the minimum standards set
			 forth in that section.
(d) "OCI"
			 means the office of the commissioner of insurance.
(e) "Submission" means a filing under s.
			 631.20,
			 Stats., or any request received by the office of the commissioner of insurance
			 for approval of a single form or combination of forms.
(f) "Transmittal document" means a document
			 substantially identical in format to the form established by standards adopted
			 by the National Association of Insurance Commissioners (NAIC), on which an
			 insurer shall list information about each form submitted for
			 approval.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Appendix A - CERTIFICATE OF COMPLIANCE AND READABILITY

Current through June 24, 2024
I __________________________, (name), an officer
				of____________________(company name), hereby certify that I have authority to
				bind and obligate the company by filing this (these) form(s). I further certify
				that, to the best of my information, knowledge and belief:
1. The accompanying form(s) as identified by the attached
				listing comply(ies) with all applicable provisions of the Wisconsin Statutes
				and with all applicable administrative rules of the Commissioner of
				Insurance;
2. The form(s) does (do) not contain any inconsistent,
				ambiguous, or misleading clauses;
3. The form(s) does (do) not contain specification or
				conditions that unreasonably or deceptively limit the risk purported to be
				assumed in the general coverage of the policy form(s);
4. The only variations from a form currently on file with the
				commissioner of insurance and the only unconventional policy provisions are
				clearly marked or otherwise indicated pages __________________ of the attached
				form(s) or in an attachment; and
5. The attached form(s) is (are) in final printed format or
				typed facsimile and is (are) as will be offered for issuance or delivery in
				Wisconsin after approval by the Commissioner of Insurance, except for
				hypothetical data and other appropriate variable material.
6. If this form is a consumer insurance policy, the text of the
				form(s) meet(s) the minimum reading ease score or, if authorized by the
				commissioner, the score is lower than the minimum required by s.
				Ins
				6.07(4) (a) 1., Wis. Adm. Code.
				Product used to determine the Flesch score:____________________.
I understand that the commissioner of insurance will rely on
				this certification regarding the forms filed, and should it be determined that
				the policy form(s) does (do) not comply with the applicable laws, regulations,
				filing requirements and product standards or that this certification is
				materially false or incorrect, appropriate corrective and disciplinary action,
				including retroactive disapproval, as authorized by law, may be taken by the
				commissioner against the company and the officer completing this
				certification.
(signature)
(title)
(date)
Individual responsible for this filing:
Name: Title:_________________________
Address: ________________
Phone Number:_______________ Date:
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.06 - Minimum documentation in support of rate filings

Current through June 24, 2024
(1) PURPOSE. The
			 purpose of this section is to establish the minimum supplementary rate
			 information required to be submitted with rate filings to the commissioner.
			 Statutes interpreted or implemented by this section are ss.
			 601.42(1g),
			 625.01,
			 625.02(3),
			 and
			 625.11,
			 Stats.
(2) SCOPE. Except as
			 provided in sub. (4), any insurer or rate service organization which is subject
			 to s.
			 625.13(1),
			 Stats., and is filing rates for any kind or line of direct insurance in this
			 state shall include, in that filing, the supplementary rate information
			 required by sub. (5) or (6).
(3)
			 DEFINITIONS.
(a) A "frequency trend factor"
			 means any factor which adjusts the past number of paid or incurred claims to
			 reflect more accurately the number of claims that can be expected to develop
			 during the period the proposed rates will be used.
(b) A "loss adjustment factor" means any
			 factor used to modify or adjust the actual losses paid or incurred during the
			 period under examination or review.
(c) A "loss development factor" means any
			 factor used either to adjust the reported amount of incurred losses to include
			 incurred but not reported losses or to correct errors in the estimation of loss
			 reserves for reported claims that have not been paid, or both.
(d) A "premium adjustment factor" means any
			 factor used to modify or adjust the actual premiums earned during the period
			 under examination or review.
(e) A
			 "rate level factor" means any factor that adjusts prior earned premiums to the
			 premiums that would have been earned if the present rates had been in effect
			 throughout the period under examination or review.
(f) A "severity trend factor" means any
			 factor which adjusts the past average claim amount to reflect more accurately
			 the average claim amount that can be expected to develop during the period the
			 proposed rates will be used.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.07 - Insurance policy language simplification

Current through June 24, 2024
(1) PURPOSE. The
			 purpose of this rule is to establish minimum standards for legibility,
			 coherence and understandability in consumer insurance policies delivered or
			 issued for delivery in the state of Wisconsin on or after the effective dates
			 stipulated in sub. (8). Sections of statutes interpreted or implemented by this
			 rule are ss.
			 631.20(2)
			 (a) and
			 631.22,
			 Stats.
(2) SCOPE. This rule shall
			 apply to "consumer insurance policies" as defined in sub. (3) and not exempted
			 under sub. (5).
(3) DEFINITIONS.
(a) In this section "consumer insurance
			 policy" means a life, disability, property or casualty insurance policy, or a
			 certificate or a substitute for a certificate for group life, disability,
			 property or casualty insurance coverage, which is issued to a person for
			 personal, family or household purpose and a copy of which is customarily, in
			 the insurance industry, delivered or is required by law, rule or agreement to
			 be delivered to the person obtaining insurance coverage.
(b) The term "text" as used in this section
			 shall include all printed or electronic matter except the following:
1. The name and address of the insurer; the
			 name, number or title of the consumer insurance policy; the table of contents
			 or index; captions and subcaptions; specification pages, schedules or tables;
			 and
2. Any such form language that
			 is drafted to conform to the requirements of any federal law, regulation or
			 agency interpretation; any form language required by any collectively bargained
			 agreement; any medical terminology; any words which are defined in the form;
			 and any form language required by state law or regulation; provided, however,
			 the insurer identifies the language or terminology excepted by this subdivision
			 and certifies, in writing to the commissioner, that the language or terminology
			 is entitled to be excepted by this subdivision.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.08 - Claimant representatives

Current through June 24, 2024
(1) PURPOSE. This section provides limited
			 regulatory guidelines concerning the activities of claimant representatives.
			 This section also protects insurance consumers from practices that the
			 commissioner finds to be unfair trade practices. The commissioner finds as
			 unfair trade practices those practices in which a claimant representative
			 requires property to be repaired by a specified repair facility or contractor
			 for repairs, receives compensation for the referral of business to a repair
			 facility or contractor for repairs, operates as a repair facility or contractor
			 for repairs, participates in the insurance claim payments to a repair facility
			 or contractor for repairs, fails to disclose to the consumer the method of
			 compensation and fails to provide the consumer with copies of contracts entered
			 into between the claimant representative and consumer. This section requires a
			 claimant representative to disclose his or her method and manner of
			 compensation to the consumer and prohibits a claimant representative from
			 engaging in practices that create potential conflicts of interest. This section
			 implements and interprets s.
			 628.34(11) and
			 (12), Stats. This section is in addition to,
			 and does not affect, s.
			 757.30,
			 Stats.
(2) SCOPE. This section
			 applies to all claimant representatives transacting business in this
			 state.
(3) DEFINITIONS. As used in
			 this section:
(a) "Contractor for repairs"
			 means the person, firm or corporation performing the repair work or furnishing
			 the materials for the repair work, or both, for a building, dwelling or
			 structure.
(b) "Claimant
			 representative" means any person, except an attorney licensed to practice law
			 in the state, who receives compensation from a claimant in exchange for
			 representing or advising the claimant in negotiations for the settlement of a
			 claim against an insurer arising out of the coverage provided by an insurance
			 policy. A claimant representative does not include a person whose sole service
			 to the claimant is to provide to the claimant an estimate or appraisal for
			 repairs.
(c) "Repair facility"
			 means the person, firm or corporation performing the repair work or furnishing
			 the materials for the repair work, or both, for tangible personal property
			 other than a building, dwelling or structure.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.09 - Prohibited acts by captive agents of lending institutions and others

Current through June 24, 2024
(1)
			 PURPOSE. This rule implements and interprets applicable statutes, including but
			 not limited to ch. 628, Stats., prohibiting concerted acts of boycott,
			 coercion, or intimidation resulting in or tending to result in unreasonable
			 restraint of the business of insurance as unfair methods of competition and as
			 unfair or deceptive acts or practices in the business of insurance.
(2) DEFINITIONS.
(a)
Agent.
A natural person,
			 other than a captive agent, holding a valid and current certificate of
			 registration as an insurance agent and one or more valid and current licenses
			 to represent one or more admitted insurers in the solicitation and sale of
			 policies of insurance in this state.
(b)
Borrower.
Any person,
			 firm, association, or corporation which obtains, other than in the regular
			 course of its trade or business, a loan of money or credit from a lending
			 institution on the security of real or personal property in return for a
			 promise to repay the consideration at a time subsequent.
(c)
Captive agent.
An agent
			 who is a director, officer, or employee of the lending institution which, in
			 connection with a loan transaction, holds or acquires a security interest in
			 real or personal property of a borrower.
(d)
Lending institution.
Any
			 person, firm, association, or corporation, whether or not licensed or chartered
			 by any agency of government, which in the regular course of business lends
			 money or credit to a borrower on the security of real or personal property in
			 return for the borrower's promise to repay the consideration at a time
			 subsequent.
(e)
Policy of
			 insurance.
Any policy, certificate or memorandum of insurance
			 affording in whole or in part any one or more of the kinds of insurance
			 described, respectively, in any paragraph of s.
			 Ins
			 6.75(2).
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.10 - Property and casualty premium restrictions

Current through June 24, 2024
(1) PURPOSE. This
			 section requires insurers who may return a premium that is less than the pro
			 rata unearned premium to disclose this to the insured. This section also
			 establishes prohibitions concerning specified practices relating to premiums.
			 This section implements and interprets ss.
			 227.10(1),
			 601.01(2),
			 625.13(1),
			 628.34(1), (3), (11),
			 and (12),
			 631.20
			 and
			 631.36(2),
			 Stats.
(2) SCOPE. This section
			 applies to all lines or classes of insurance classified as property and
			 casualty insurance in s.
			 Ins
			 6.75(2), except lines or classes of
			 insurance providing disability insurance under s.
			 Ins 6.75(2) (c) and
			 (k).
(3) DEFINITIONS. In this section:
(a) "Pro rata unearned premium" means the pro
			 rata portion of the written premium covering the unexpired portion of the
			 policy term for which the written premium has been charged by the insurer to
			 the policyholder.
(b) "Written
			 premium" means the entire amount of premium charged a policyholder for the term
			 of the policy.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.12 - Qualification of actuaries

Current through June 24, 2024
(1) PURPOSE.
(a) The purpose of this rule is to protect
			 the interests of insurers, insureds, insurance beneficiaries, insurance
			 claimants, insurance company stockholders, and trustees, employers, covered
			 employees, retired employees and terminated employees of employee welfare funds
			 by establishing requirements for use of the terms actuary or actuarial. This
			 rule interprets and implements ss.
			 601.41,
			 601.42,
			 601.43,
			 Stats., and ch. 628, Stats.
(b) It
			 is not the purpose of this rule to require any insurer or rate service
			 organization to employ an actuary except as may be otherwise required by
			 statute or other administrative rule, nor does this rule require that filings
			 under ch. 625, Stats., be prepared or submitted by a qualified actuary.
			 Further, this rule is not intended to prohibit the strictly internal use by
			 insurers of job titles containing the term actuary.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.13 - Open records; privileged or confidential records

Current through June 24, 2024
(1) Records of the
			 office of the commissioner of insurance are subject to subch. II, Stats., and
			 are open to inspection as required under subch. II, Stats.
(2) The office of the commissioner may
			 withhold and retain as confidential any record which may be withheld and
			 retained as confidential under subch. II, Stats., including, but not limited
			 to, a record which may be withheld or which is privileged under any law or the
			 rules of evidence, as attorney-work product under the rules of civil procedure,
			 as attorney-client privileged material under s.
			 905.03,
			 Stats., as a medical record under ss.
			 146.81
			 to
			 146.84,
			 Stats., or as privileged under s.
			 601.465,
			 Stats.
(3) The office, under s.
			 601.465,
			 Stats., may refuse to disclose and prevent any person from disclosing, in
			 response to a request for production, deposition, subpoena, or otherwise,
			 information obtained from the National Association of Insurance Commissioners
			 or another state's insurance department under pledge of confidentiality or for
			 the purpose of conducting an investigation or examination or obtained, produced
			 or created in the course of an inquiry under s.
			 601.42,
			 Stats., or examination under s.
			 601.43,
			 Stats. This privilege applies to information obtained, produced or created
			 before or after the effective date of s.
			 601.465,
			 Stats., and regardless of whether an inquiry, investigation or examination has
			 been concluded, except it does not apply to a document which is an adopted
			 examination report.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.17 - Regulation of surplus lines insurance

Current through June 24, 2024
(1) PURPOSE. This rule implements and interprets ss. 601.42, 601.72,
								 601.73, 618.41 and 618.43, Stats., for the purpose of facilitating the regulation of surplus lines insurance
								 business in this state.
(2) PROHIBITED PLACEMENT. No licensed
								 surplus lines agent may place contracts of insurance with any unauthorized insurer:
(a) For the classes of insurance specified by s. Ins 6.75 (2) (h), (i) and
								 (k), and
(b) For any kind of insurance not specifically
								 authorized by any of the other paragraphs of s. Ins 6.75.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Appendix 1 - SURPLUS LINES INSURANCE PROPOSAL

Current through June 24, 2024
Name and address of applicant Date
Dear: Proposal No.
You have asked that I procure the following insurance coverage
				on your behalf:
Type of Insurance
Limits of
				Coverage
I can procure the coverage desired from the following
				insurer(s) at the premium listed:
Insurer(s) - Name and Address % of Total
				Risk
Premium Quoted
This insurance is with an insurer which has not obtained a
				certificate of authority to transact a regular insurance business in the state
				of Wisconsin, and will be issued and delivered as a surplus lines coverage
				pursuant to s.
				618.41,
				Stats. The insurance is regulated by the Commissioner of Insurance only as
				provided in ss.
				618.41
				and
				618.43,
				Stats. Section
				618.43(1),
				Stats., requires payment by the policyholder of a 3% tax on gross premium
				(except for Ocean Marine Insurance on which the tax is one-half of 1%). The tax
				in this instance amounts to $ . If the above transaction is not satisfactory,
				please advise immediately.
Sincerely yours,
______________________________________________
Name and address of licensed surplus lines
				agent
2011 Wisconsin Act 224 changed the tax rate for surplus lines
				  insurance which is ocean marine insurance to the same 3% rate for all other
				  surplus lines insurance. Any previous reference to a ½ of 1% rate for ocean
				  marine insurance in this rule is not enforceable as that insurance is now taxed
				  at the same 3% rate for all surplus lines insurance.