reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Appendix 2 - REPORT OF SURPLUS LINES INSURANCE

Current through June 24, 2024
Year Ending December 31, 2
This report is to be filed with the Commissioner of Insurance,
				State of Wisconsin, Madison, Wisconsin 53702, on or before March 1,
				2_____
Agent
Business address, including zip code
Date
Proposal No. and
Date*
(1)
Name
of Insured
(2)
Name of Insurance
Company
(3)
Contract
Number
(4)
Term and Effective Date (5)
Premium Charged (6)
3%**
Premium Tax
Collected
(7)
*Proposals are to be numbered consecutively
. Premium Collected During Year
							 .........................
$____________
** ½ of 1% for Ocean Marine Insurance
Tax Due @ 3%**-Total
Column (7) .....................
$ _____________
Amount Enclosed ................
$ ______________
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.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.18 - Reporting and payment of tax by unauthorized insurers transacting business in violation of law

Current through June 24, 2024
(1) PURPOSE. This
								 rule implements and interprets ss. 601.42, 610.11 and 618.43, Stats., for the purpose of facilitating the
								 reporting and collection of tax due the state of Wisconsin from unauthorized insurers transacting business in
								 violation of Wisconsin law.
(2) REPORTING AND PAYMENT OF TAX BY
								 UNAUTHORIZED INSURERS TRANSACTING BUSINESS IN VIOLATION OF LAW. All premium tax shall be reported and
								 forwarded to the commissioner on or before March 1, for all insurance which applies to exposures located
								 wholly or partially within this state written, renewed or continued during the preceding calendar year by an
								 unauthorized insurer. The report and the premium taxes owed shall be submitted through an electronic filing
								 system, a link to which may be found on the office's website.
(3)
								 PENALTY. Any violation of this rule shall subject the person violating the same to s. 601.64,
								 Stats.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Appendix 1 - PREMIUM TAX REPORT

Current through June 24, 2024
Year Ending December 31, 2
Unauthorized Insurance on Wisconsin Risks - Sections
				610.11 and
				618.43,
				Statutes
This report is to be filed with the Commissioner of Insurance,
				State of Wisconsin, Madison, Wisconsin 53702, on or before March 1, 2 .
				___
Insurance Company
Address, including zip code
Numbers or
Names of Risks
(1)
Type of
Coverage
(2)
Name(s) and address(es) of Wisconsin
agent(s) who assisted in
procurement
(3)
Total
Premium
Received*
(4)
5% Tax on Total
Premium**
(5)
*Include all premium which can be allocated to a
							 Wisconsin exposure, excluding move-in business and business placed with your
							 company by a Wisconsin Surplus Lines agent
Premium Income from Wisconsin Risks- Total Column (4)
							 ...................
$________
**2% for Ocean Marine Insurance
Tax Due @ 5%**-Total Column (5)
$________
Amount Enclosed ...................
$________
The undersigned, as an officer of the above-named
							 insurance company, certifies that the report is true and correct according to
							 the best of his or her information, knowledge, and belief.
________________________
Name
___________________
Title
Date
2011 Wisconsin Act 224 changed the penalty tax rate for
				  surplus lines insurance which is ocean marine insurance to the same 5% penalty
				  rate for all other surplus lines insurance. Any previous reference to a 2%
				  penalty rate for ocean marine insurance in this rule is not enforceable as that
				  rate is now the same 5% penalty rate for all surplus lines insurance.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.19 - Reporting and taxation of directly placed unauthorized insurance

Current through June 24, 2024
(1) PURPOSE. This rule implements and
								 interprets ss. 601.42, 618.42 and 618.43, Stats., for the purpose of facilitating the reporting and
								 collection of tax due the state of Wisconsin from persons who directly procure or renew insurance in an
								 unauthorized insurer.
(2) REPORTING DIRECTLY PLACED UNAUTHORIZED
								 INSURANCE. The procurement or renewal of insurance from any unauthorized insurer shall be reported within 60
								 days to the commissioner on a form substantially the same as Appendix 1 to this rule.
(3) REPORTING AND PAYMENT OF TAX FOR DIRECTLY PLACED UNAUTHORIZED
								 INSURANCE. All premium tax shall be reported and forwarded to the commissioner on or before March 1, for all
								 insurance which applies to exposures located wholly or partially within this state procured, renewed or
								 continued during the preceding calendar year in an unauthorized insurer. The report and the premium taxes
								 owed shall be submitted through an electronic filing system, a link to which may be found on the office's
								 website.
(4) PENALTY. Any violation of this rule shall subject
								 the person violating the same to s. 601.64, Stats.
This report, pursuant to s. 618.42(2), Stats., must be filed with the
											  Commissioner of Insurance within 60 days after effectuation of any new or renewal insurance contract
											  independently procured from an unauthorized insurer. A separate report is required for each new or renewal
											  insurance contract. A 3% Tax on the premiums charged for such contracts during the calendar year ending
											  December 31 must be paid to the Commissioner on or before March 1 next
											  succeeding.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Appendix 1 - NOTICE OF DIRECTLY PLACED UNAUTHORIZED INSURANCE

Current through June 24, 2024
To: Commissioner of Insurance
State of Wisconsin
P.O. Box 7873
Madison, WI 53707-7873
1. Name of Person or Organization
			 Insured
2. Address of
			 Insured
3. Contract
			 Number
4. Effective Date
5. Expiration Date
6. Name and Address of Insurance
			 Company
7. Description or Type of
			 Coverage
8. Premium Charged
The undersigned certifies that this report is true and correct
				according to the best of his or her information, knowledge, and belief.
___________________
________, 2__________
This report, pursuant to s.
				  618.42(2),
				  Stats., must be filed with the Commissioner of Insurance within 60 days after
				  effectuation of any new or renewal insurance contract independently procured
				  from an unauthorized insurer. A separate report is required for each new or
				  renewal insurance contract. A 3% Tax on the premiums charged for such contracts
				  during the calendar year ending December 31 must be paid to the Commissioner on
				  or before March 1 next succeeding.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Appendix 2 - PREMIUM TAX REPORT

Current through June 24, 2024
Year Ending December 31, 2
Directly Placed Unauthorized Insurance - Sections
				618.42
				and
				618.43,
				Wisconsin Statutes
This report is to be filed with the Commissioner of Insurance,
				State of Wisconsin, Madison, Wisconsin 53702, on or before March 1, 2
Person or Organization Insured
Address, including zip code
Date
Contract Number (1)
Effective Date (2)
Expiration Date (3)
Name and Address of Insurance Company (4)
Description or Type of Coverage (5)
Premium Charged (6)
3% Tax on Premium* (7)
*1/2
							 of 1% for Ocean Marine Insurance
Premium Charged- Total Column (6) ...
...................
$ _________
Tax Due @ 3%*- Total Column (7) ...
...................
$ _____________
Amount Enclosed ...
...................
$ ___________
The undersigned certifies that this report is
							 true and correct according to the best of his or her information, knowledge,
							 and belief.
_______________________
_____________
, 2 ______
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.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.25 - Joint underwriting and joint reinsurance associations

Current through June 24, 2024
(1) PURPOSE. This
			 section, pursuant to s.
			 625.04, Stats., is
			 intended to encourage an active, economical and efficient insurance market; to
			 provide for the regulation of marketing practices; and to exempt certain
			 insurers and organizations from the provisions of s.
			 625.33,
			 Stats., with respect to joint underwriting or joint reinsurance.
(2) SCOPE. Subsection (3) applies to joint
			 underwriting and joint reinsurance involving the insurance of risks associated
			 with:
(a) Nuclear energy.
(b) Commercial aircraft.
(c) Aircraft products liability.
(d) Crude oil production and
			 processing.
(e) Municipal
			 bonds.
(f) Commercial property
			 policies insuring property damage, business interruption, extra expense, rents
			 and other time element coverages, for any policy whose total property damage
			 limit is an amount not less than $50,000,000.
(g) Excess and umbrella liability with limits
			 in excess of $25 million to risks with underlying coverage or self-insured for
			 a minimum of $25 million.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.30 - Instructions for uniform classifications of expenses of fire and marine and casualty and surety insurers

Current through June 24, 2024
For the purpose of establishing uniformity in classifications
				of expenses of fire and marine and casualty and surety insurers recorded in
				statements and reports filed with and statistics reported to the commissioner
				of insurance, all such insurers shall observe the instructions set forth below.
				These instructions shall not apply to single line accident and health insurance
				companies, assessment accident and health associations, hospital and medical
				service or indemnity organizations, single line title insurance companies, or
				town mutual insurance companies.
(1)
			 PART I.
(a)
List of operating expense
			 classifications for annual statement purposes for fire and marine and casualty
			 and surety insurers.
1. Claim
			 Adjustment Services:
a. Direct
b. Reinsurance Assumed
c. Reinsurance Ceded
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.35 - Petroleum storage environmental cleanup fund; exclusions from reimbursement

Current through June 24, 2024
(1)
			 PURPOSE. This section interprets s.
			 292.63(1) (ad) and (gm) and (4)
			 (b) 15., Stats., by defining the liabilities
			 that are excluded from coverage in liability insurance policies for bodily
			 injury and property damage for the purpose of specifying costs paid by an owner
			 or operator to a 3rd party which are ineligible for reimbursement from the
			 fund.
(2) DEFINITIONS. In this
			 section:
(a) "Discharge" has the meaning given
			 in s.
			 292.01(3),
			 Stats.
(b) "Fund" means the
			 petroleum storage environmental cleanup fund under s.
			 25.47,
			 Stats.
(c) "Operator" has the
			 meaning given in s. 292.63(1) (d),
			 Stats.
(d) "Owner" has the meaning
			 given in s. 292.63(1) (e),
			 Stats.
(e) "Petroleum product
			 storage system" has the meaning given in s.
			 292.63(1) (fg),
			 Stats.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.42 - Initial statement of beneficial ownership of securities

Current through June 24, 2024
(1) PERSONS
			 REQUIRED TO FILE STATEMENTS. A statement on Form 3 (shown at the end of this
			 rule) of initial statement of beneficial ownership of securities is required to
			 be filed by every person who is directly or indirectly the beneficial owner of
			 more than 10% of any class of any equity security of a domestic stock insurance
			 company, or who is a director or an officer of such a company.
(2) WHEN STATEMENTS ARE TO BE FILED.
(a) Beginning September 1, 1966, persons who
			 hold any of the relationships specified in sub. (1) are required to file a
			 statement within 10 days after assuming such relationship. Statements are not
			 deemed to have been filed with the commissioner until they have actually been
			 received by him or her.
(b) Persons
			 who held any of the relationships specified in sub. (1) as of January 31, 1966,
			 or who assumed such relationship(s) during the period of January 31, 1966
			 through August 31, 1966, are required to file such initial statement of
			 beneficial ownership of securities by September 10, 1966.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.43 - Statement of changes in beneficial ownership of securities

Current through June 24, 2024
(1) PERSONS
			 REQUIRED TO FILE STATEMENTS. Statements on Form 4 (shown at the end of this
			 rule) of changes in beneficial ownership of securities are required to be filed
			 by every person who at any time during any calendar month was directly or
			 indirectly the beneficial owner of more than 10% of any class of equity
			 security of a domestic stock insurance company, or by a director or officer of
			 the company which is the issuer of such securities, and who during such month
			 had any change in his or her beneficial ownership of any class of equity
			 security of such company.
(2) WHEN
			 STATEMENTS ARE TO BE FILED.
(a) Beginning
			 September 1, 1966, statements are required to be filed on or before the 10th
			 day after the end of each month in which any change in beneficial ownership has
			 occurred. Statements are not deemed to have been filed with the commissioner
			 until they have actually been received by him or her.
(b) Statements for each month for the period
			 January 31, 1966, through August 31, 1966, in which any changes in beneficial
			 ownership have occurred shall be filed by September 10, 1966.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.50 - Kinds of individual intermediary or agent licenses

Current through June 24, 2024
(1) PURPOSE. This
			 rule sets forth the kinds of individual intermediary-agents, reinsurance
			 intermediary and managing general agent licenses which may be issued.
(2) LINES OF LICENSES. The following
			 individual licenses may be issued, each authorizing the solicitation of the
			 line of insurance or the function indicated:
(a) Major lines are all of the following:
1. Life insurance - insurance coverage on
			 human lives including benefits of endowment and annuities, and may include
			 benefits in the event of death or dismemberment by accident and benefits for
			 disability income.
2. Accident and
			 health insurance - insurance coverage for sickness, bodily injury or accidental
			 death and may include benefits for disability income.
3. Property insurance - insurance coverage
			 for the direct or consequential loss or damage to property of every
			 kind.
4. Casualty insurance -
			 insurance coverage against legal liability, including that for death, injury or
			 disability or damage to real or personal property.
5. Personal lines insurance - property and
			 casualty insurance coverage sold to individuals and families for primarily
			 noncommercial purposes.
6. Variable
			 life and variable annuity products - insurance coverage provided under variable
			 life insurance contracts and variable annuities.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.52 - Biographical data relating to company officers and directors

Current through June 24, 2024
(1) PURPOSE. This
			 rule is intended to implement and interpret ss.
			 611.13(2),
			 611.54(1)
			 (a),
			 611.57,
			 618.11(4)
			 and
			 618.21(1)
			 (b), Stats., for the purpose of setting
			 standards for the reporting of biographical data relating to company officers,
			 directors, promoters and incorporators, or other persons similarly
			 situated.
(2) SCOPE. This rule
			 shall apply to all persons proposing to form an insurer under the laws of this
			 state and to all nondomestic insurers applying for admission to this state and
			 to all insurers authorized to do business in this state except as follows:
(b) Domestic fraternal benefit
			 societies.
(c) Nonprofit service
			 plans, cooperative sickness care plans organized or operating under ss.
			 185.981
			 to
			 185.985,
			 Stats., voluntary benefit plans organized or operating under s. 185.991, 1977
			 Stats., and motor club service companies organized or operating under ss.
			 616.71
			 to
			 616.74
			 and
			 616.76
			 to
			 616.82, Stats.,
			 and donor annuity societies.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.54 - Prohibited classification of risks for rating purposes

Current through June 24, 2024
(1) PURPOSE. This
			 rule interprets and implements ss.
			 601.01(2),
			 625.02,
			 625.11,
			 625.12(2),
			 625.13,
			 and
			 625.21(2),
			 Stats., and ch. 628, Stats., for the purpose of prohibiting certain
			 practices.
(2) SCOPE. This rule
			 applies to all contracts issued, renewed or amended in Wisconsin affording
			 automobile insurance coverage and all contracts issued, renewed or amended in
			 Wisconsin affording coverage for loss or damage to real property used for
			 residential purposes for not more than 4 living units or affording coverage for
			 loss or damage to personal property used for residential purposes.
(3) PROHIBITED PRACTICES.
(a) No insurance company shall refuse, cancel
			 or deny insurance coverage to a class of risks solely on the basis of any of
			 the following factors (taken individually or in combination), nor shall it
			 place a risk in a rating classification on the basis of any of the following
			 factors without credible information supporting such a classification and
			 demonstrating that it equitably reflects differences in past or expected losses
			 and expenses and unless such information is filed in accordance with ss.
			 625.12,
			 625.13
			 and
			 625.21(2),
			 Stats.:
1. The applicant's or insured's past
			 criminal record;
2. The applicant's
			 or insured's physical condition or developmental disability as defined in s.
			 51.01(5)
			 (a), Stats.;
3. The applicant's or insured's past mental
			 disability;
4. The applicant's or
			 insured's age;
5. The applicant's
			 or insured's marital status;
6. The
			 applicant's or insured's sexual preference;
7. The applicant's or insured's "moral"
			 character.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.55 - Discrimination based on sex, unfair trade practice

Current through June 24, 2024
(1) PURPOSE. The
			 purpose of this rule is to eliminate the act of denying benefits or refusing
			 coverage on the basis of sex, to eliminate unfair discrimination in
			 underwriting criteria based on sex, and to eliminate any differences in rates
			 based on sex which cannot be justified by credible supporting information. This
			 rule interprets and implements s.
			 601.01(3),
			 Stats., and ch. 628, Stats.
(2)
			 DEFINITIONS.
(a) Insurer has the meaning
			 defined in s.
			 600.03(27),
			 Stats., and in addition includes nonprofit service plans or service insurance
			 corporations.
(b) Contract means
			 any insurance policy, plan, certificate, subscriber agreement, statement of
			 coverage, binder, rider or endorsement offered by an insurer subject to
			 Wisconsin insurance law.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.58 - Licensing of insurance intermediary firms as insurance agents

Current through June 24, 2024
(1) PURPOSE.
			 The purpose of this rule is to establish procedures for licensure of insurance
			 intermediary firms as insurance intermediaries, reinsurance intermediaries,
			 travel insurance agents or managing general agents.
(1m) DEFINITION. In this section "firm" means
			 a corporation, association, partnership, limited liability company, limited
			 liability partnership, or other legal entity.
(2) LICENSE. Any firm may obtain an insurance
			 intermediary firm license under this section.
(3) PROCEDURE.
(a) Application for a permanent intermediary
			 license, reinsurance intermediary license, travel insurance agent license or
			 managing general agent license for a corporation or partnership shall be filed
			 in a manner prescribed by the commissioner using the NAIC Uniform Application.
			 The application shall include:
1. A licensing
			 fee of $100.00;
2. A completed NAIC
			 Uniform Application;
3.
			 Certification that the insurance intermediary firm will transact business in
			 such a way that all acts that may only be performed by a licensed intermediary
			 are performed exclusively by natural persons who are licensed under s.
			 628.04,
			 Stats., and functioning within the scope of the license, and a list of such
			 persons;
4. If the insurance
			 intermediary firm is domiciled outside of Wisconsin, an agreement to be subject
			 to the jurisdiction of the commissioner and the courts of this state on any
			 matter related to the insurance intermediary firm's insurance activities in
			 this state, on the basis of service of process under ss.
			 601.72
			 and
			 601.73,
			 Stats.; and
5. A list of all
			 partners, directors or principal officers or persons in fact having comparable
			 power.
6. In the case of a
			 corporation, the application must be signed or submitted by an officer. In the
			 case of a partnership, the application must be signed or submitted by a
			 partner.
7. Any bond, policy,
			 designation or information required under s.
			 Ins 47.02(3) or
			 (5).
8. A Designated Responsible Licensed
			 Producer, DRLP, assigned by the intermediary firm.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.595 - Exemption of licensing of individuals as intermediaries

Current through June 24, 2024
(1) DEFINITIONS. In
			 this section:
(a) "Negotiate" means to confer
			 directly with or offer advice directly to a purchaser or prospective purchaser
			 of a particular contract of insurance concerning any of the substantive
			 benefits, terms or conditions of the contract, provided that the person engaged
			 in that act either sells insurance or obtains insurance from insurers for
			 purchasers.
(am) "Producer" means an
			 insurance marketing intermediary as defined in s.
			 628.02,
			 Stats.
(b) "Sell" or "Place" means
			 to exchange a contract of insurance by any means, for money or its equivalent,
			 on behalf of an insurance company.
(c) "Solicit" means attempting to sell
			 insurance or asking or urging a person to apply for a particular kind of
			 insurance from a particular company.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.60 - Prohibited business practices

Current through June 24, 2024
(1) In this
			 section:
(a) "Affiliate" means any person who
			 is under the control of or acts at the direction of the agent.
(b) "Agent" means an intermediary as defined
			 in s.
			 628.02,
			 Stats.
(c) "Customer" means a
			 natural person with whom the agent or affiliate is doing or has, within 3 years
			 from the act or transaction regulated by this section, done an insurance
			 business as that term is defined in s.
			 618.02(2) and
			 (3), Stats.
(d) "Personal financial transaction" includes
			 a transaction in which the agent or an affiliate of the agent borrows money,
			 property or securities from a customer; loans money, property or securities to
			 a customer; acts as custodian for money, property or securities of a customer;
			 obtains power of attorney over money, property or securities of a customer;
			 obtains a guarantee of any loan from a customer; shares directly or indirectly
			 in profits or losses with a customer; or without furnishing equal consideration
			 obtains title to or ownership of any property of a customer. In this section
			 "personal financial transaction" does not include transactions conducted by an
			 agent or affiliate in the normal course of doing an insurance business such as
			 holding an insurance policy for analysis or servicing, or receiving an
			 insurance premium from a customer provided the transaction is properly recorded
			 on the records of the agent or affiliate as required by s.
			 Ins 6.61,
			 including the name of the insurer for whom the premium was received, and the
			 agent or affiliate immediately issues a written receipt to the customer for the
			 policy or premium.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.61 - Intermediary records

Current through June 24, 2024
(1) PURPOSE. This section protects insurance
			 policyholders by prescribing minimum standards and techniques of accounting and
			 data handling of intermediaries to ensure that timely and reliable information
			 will exist and be available to the commissioner. This section implements and
			 interprets ss.
			 601.42 and
			 628.34,
			 Stats., by establishing minimum records to be maintained by
			 intermediaries.
(2) SCOPE. This
			 section applies to all intermediaries transacting insurance business in this
			 state and to Wisconsin insurance transactions of nonresident intermediaries
			 unless the nonresident is required to maintain records in a similar specified
			 manner by the intermediary's state of domicile.
(3) DEFINITIONS. As used in this section:
(a) "Business checking account" means any
			 account utilized by an intermediary for insurance-related
			 transactions.
(b) "Cash disbursed
			 record" means a record showing all monies paid out by the intermediary in
			 connection with insurance.
(c)
			 "Cash receipts record" means a record showing all monies received by the
			 intermediary in connection with insurance.
(d) "Commission statements" means records or
			 statements which show the commissions and fees allocated to the intermediary
			 for insurance transactions.
(e)
			 "Formal administrative action" means consent decrees, cease and desist orders,
			 stipulations, suspensions, revocations, license denials, fines, forfeitures,
			 settlement agreements, license restrictions or actions limiting the
			 intermediary's method of conducting an insurance business but does not include
			 administrative actions based solely on failing to comply with continuing
			 education requirements or solely on failing to pay a regulation fee for
			 licensing.
(f) "Intermediary" means
			 an agent, broker or producer and any person, partnership or corporation
			 requiring a license under the provisions of ch. 628, Stats.
(g) "Personnel records" means those records
			 pertaining to anyone who is directly retained or employed by an intermediary in
			 connection with insurance including subagents, secretaries, phone solicitors,
			 and independent contractors.
(h)
			 "Policyholder records" means all records, applications, request for changes,
			 claims, and complaints associated with a policy generated by or through the
			 intermediary.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.62 - Filing requirements for multiple employer trusts and associations

Current through June 24, 2024
(1) In
			 this section:
(a) "Intermediary" has the
			 meaning provided under s.
			 628.02(1),
			 Stats.
(b)
1. "Multiple employer trust or association,"
			 except as provided by subd. 2., means a trust, association or other person
			 which provides or offers to provide health care benefits or coverage to
			 employees of 2 or more employers and which is:
a. A multiple employer welfare arrangement as
			 defined by (40);
b. Represented as
			 an employee welfare benefit plan which is subject to the Employee Retirement
			 Income Security Act, to ; or
c.
			 Located outside this state and is not organized and regulated as an insurer
			 domiciled in the United States.
2. "Multiple employer trust or association"
			 does not include a person which:
a. Provides
			 benefits or coverage under or pursuant to a collective bargaining
			 agreement;
b. Is, or which provides
			 benefits or coverage which are fully insured by, an insurer licensed to do
			 business in this state;
c. Provides
			 health care benefits or coverage solely to employees of governmental
			 units;
d. Is an individual;
			 or
e. The commissioner exempts in
			 writing.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.63 - Regulation charge

Current through June 24, 2024
(1) The renewal fee to be paid biennially in
			 a payment type prescribed by the commissioner, by each licensed individual
			 intermediary-agent is:
Resident agent $ 35.00
Nonresident agent $ 70.00
(2) Renewal fees are due on the last day of
			 the intermediary's birth month every other year. OCI will send a renewal fee
			 notice in a manner prescribed by the commissioner at least 60 days prior to the
			 fee due date to each intermediary.
(3) Any resident individual intermediary
			 whose license is terminated for failing to pay renewal fees or failing to
			 complete required continuing education or revoked for failing to pay
			 unemployment insurance contributions or failing to pay delinquent taxes may,
			 within 12 months from the termination or revocation date, apply to be
			 relicensed for the same license without completing prelicensing education or
			 passing a written examination. Resident licensees who are required to complete
			 continuing education must have all previous requirements met. The application
			 fee shall be as specified in s.
			 628.10(5)
			 (a), Stats. If a resident license has been
			 terminated or revoked for more than 12 months, the intermediary shall, in order
			 to be relicensed, satisfy the examination and licensing requirements
			 established by s.
			 Ins
			 6.59.
(4)
			 Intermediaries with a Surplus Lines license shall pay an annual renewal fee of
			 $100.00 on or before the assigned expiration date each year. OCI will send a
			 renewal fee notice in a manner prescribed by the commissioner at least 60 days
			 prior to the fee due date to each intermediary surplus lines agent at the
			 address on file with the office of the commissioner of insurance. Any resident
			 individual intermediary whose surplus lines license is terminated for failing
			 to pay renewal fees or revoked for failing to pay unemployment insurance
			 contributions or failing to pay delinquent taxes must apply to be
			 relicensed.
A free copy of each form referenced in this section may be
				  obtained from the office of the commissioner of insurance, P.O. Box 7872,
				  Madison, WI 53707-7872 or on the office of the commissioner of insurance
				  website at http://oci.wi.gov/.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.66 - Proper exchange of business

Current through June 24, 2024
(1) The purpose of
			 this rule is to interpret s.
			 628.61,
			 Stats., regarding the proper exchange of business between agent
			 intermediaries.
(2) Proper exchange
			 of business means the forwarding of insurance business from one agent who
			 cannot, after due consideration, place the business with any of the insurers
			 for which the agent is listed because of capacity problems, the refusal of the
			 company to accept the risk or the onerous conditions it imposes on the insured,
			 to another agent licensed for those lines of insurance whose insurers are able
			 to accommodate the risk under conditions more favorable to the insured. The
			 agent forwarding the business is entitled to split the commission involved.
			 Proper exchange of business is not the regular course of business and such
			 forwarding of business is thereby distinguished from brokerage by its
			 occasional and exceptional nature.
(3) No agent may properly exchange business
			 with another agent, unless:
(a) The agent
			 forwarding the business to a listed agent is licensed for the lines of business
			 that are being exchanged;
(b) The
			 agent who receives the business and agrees to place it is licensed in the line
			 or lines of insurance involved in the exchange; and
(c) Both the agent forwarding the business
			 and the agent who places the business with the insurer sign the insurance
			 application, or if no application is completed, the names of the agents
			 involved in the transaction appear on the policy issued.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.67 - Unfair discrimination in life and disability insurance

Current through June 24, 2024
(1) PURPOSE. The
			 purpose of this rule is to identify specific acts or practices in life and
			 disability insurance found to be unfairly discriminatory under s.
			 628.34(3)
			 (b), Stats.
Note:
The need for a rule has arisen because of
				questions as to whether life and disability insurers are in all cases fairly
				"charging different premiums or offering different terms of coverage except on
				the basis of classifications related to the nature and degree of the risk
				covered." (s.
				628.34(3),
				Stats.) The main purpose of the rule is to make clear that life and disability
				insurers cannot classify individuals arbitrarily-without a rational basis for
				each decision.
(2)
			 APPLICABILITY AND SCOPE. This rule shall apply to all life and disability
			 insurance policies delivered or issued for delivery in Wisconsin on or after
			 January 1, 1980 and to all existing life and disability group, blanket and
			 franchise insurance policies subject to Wisconsin insurance law which are
			 amended or renewed on or after January 1, 1980.
(2m) DEFINITIONS. In this section:
(a) "Disability insurance" has the meaning
			 given under s.
			 Ins 6.75(1)
			 (c).
(b) "Territorial classification" means an
			 arrangement of persons into categories based upon geographic characteristics
			 other than zip code.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.68 - Unfair discrimination based on geographic location or age of risk

Current through June 24, 2024
(1)
			 PURPOSE. The purpose of this rule is to identify specific acts or practices
			 found to be unfair trade practices that are unfairly discriminatory under s.
			 628.34,
			 Stats.
(2) APPLICABILITY AND SCOPE.
			 This rule shall apply to property and casualty insurance contracts delivered or
			 issued for delivery in Wisconsin on or after the effective date of the
			 rule.
(3) SPECIFIC EXAMPLES OF
			 UNFAIR TRADE PRACTICES UNDER S.
			 628.34,
			 STATS. The following are hereby identified as specific acts or practices which
			 are unfairly discriminatory.
(a) Making or
			 permitting any unfair discrimination between individuals or risks of the same
			 class and of essentially the same hazards by refusing to issue, refusing to
			 renew, cancelling or limiting the amount of insurance coverage on a property or
			 casualty risk because of the geographic location of the risk, unless:
1. The refusal, cancellation or limitation is
			 for a business purpose which is not a mere pretext for unfair discrimination,
			 or
2. The refusal, cancellation or
			 limitation is required by law or regulatory mandate.
Note:
Paragraph (a) is intended to prohibit
				insurance underwriting shortcuts which unfairly label risks as poor risks
				because of their geographic location. A refusal, nonrenewal, cancellation or
				limitation of insurance coverage is prohibited if the reason for such refusal,
				nonrenewal, cancellation or limitation is the geographic location of the risk.
				An exception to this general rule is provided, however, in situations where the
				refusal, nonrenewal, cancellation or limitation is based upon a legitimate
				business need and the refusal, nonrenewal, cancellation or limitation is not a
				mere pretext for unfair discrimination. Examples of such situations include
				refusals to insure when the risk is located in areas prone to natural
				catastrophes, i.e., earthquakes, floods, hurricanes, and refusals to insure
				because the insurer already has a very high concentration of risks in a
				particular geographic area. It is intended that the person charged with a
				violation of this rule be given the burden of proof in establishing any
				"business purpose" exception. The burden of proving that a refusal, nonrenewal,
				cancellation or limitation of insurance coverage is not subterfuge for unfair
				discrimination should likewise fall upon the person charged with a violation of
				this rule.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.70 - Combinations of lines and classes of insurance

Current through June 24, 2024
This rule defines and delimits the permissible combinations of
				the lines and classes of insurance defined and delimited by s.
				Ins
				6.75 which may be written in the same policy. Except
				as provided in this rule, lines and classes of insurance may not be combined in
				the same policy.
(1) COMBINATION WITH
			 SEPARATE PREMIUM CHARGES. Subject to s.
			 Ins
			 2.05, any combination of the lines and classes of
			 insurance defined and delimited by s.
			 Ins
			 6.75, except for those described in s.
			 Ins 6.75(2) (h), (i)
			 and (k), may be written in the same policy if
			 a statement of separate premium charge is shown on the declarations page or on
			 the face of the policy or in a separate written statement furnished to the
			 policyholder. The requirement for a statement of separate premium charge does
			 not prohibit such charges equitably reflecting differences in expected losses
			 or expenses as contemplated by s.
			 625.11(4),
			 Stats.
(2) COMBINATION WITH OR
			 WITHOUT SEPARATE PREMIUM CHARGES. Any combination of the lines and classes of
			 insurance defined and delimited by s.
			 Ins 6.75(2) (a), (b),
			 (d), (e), (f) and (j) may be written in the
			 same policy with or without showing separate premium charges.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.72 - Risk limitations

Current through June 24, 2024
(1) Except as otherwise provided by law or by
			 order of the commissioner, no single risk assumed by any insurance company
			 shall exceed 10% of surplus as regards policyholders, except that in an
			 assessable mutual company it may be a greater amount not exceeding 3 times the
			 average policy or 1/4 of 1% of the insurance in force, whichever is the
			 greater. Upon the business mentioned in s.
			 Ins 6.75(2)
			 (h), the maximum single risk may be a greater
			 amount not exceeding 50% of the admitted assets. Any reinsurance taking effect
			 simultaneously with the policy shall be deducted from the original risk assumed
			 in determining compliance with this subsection.
(2) In a mutual company organized for the
			 insurance or guaranty of depositors or deposits in banks or trust companies,
			 the maximum single risk may be fixed at a higher amount by the bylaws. Any such
			 company may effect reinsurance in any authorized or unauthorized company that
			 complies with s.
			 627.23, Stats.
			 Insurance in any unauthorized company shall be reported annually and the same
			 taxes paid upon the premiums as are paid by authorized companies.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.74 - Suretyship and risk limitations of surety obligations

Current through June 24, 2024
(1) PURPOSE. The
			 purpose of this rule is to establish minimum requirements for the transaction
			 of surety obligations.
(2) SCOPE.
			 This rule shall apply to the limitations on bond penal amounts imposed on
			 insurers engaged in the business of suretyship. This section shall not apply to
			 insurers issuing only that type of surety insurance known as municipal bond
			 insurance.
(3) DEFINITIONS.
(a) For purposes of this rule suretyship
			 shall be construed to be insurance.
(b) An insurance corporation authorized to
			 write fidelity insurance may guarantee the fidelity of, or become the surety
			 for:
1. persons holding positions of public or
			 private trust;
2. the performance
			 of any act, duty or obligation or the refraining from any act;
3. the performance of any contract;
4. bonds of insurance companies
			 required by law as a condition of transacting business;
5. indemnifying banks, brokers and other
			 financial or moneyed associations or corporations, against the loss of
			 documents and money, except against loss caused by marine risks or risks of
			 transportation or navigation;
6.
			 indemnifying any federal land bank against loss by reason of defective title to
			 or incumbrances on real property on which such bank may have a
			 mortgage.
(c) As used in
			 this rule any one surety risk shall be equivalent to the penal amount
			 established on the surety bond.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.75 - Classifications of insurance

Current through June 24, 2024
This rule defines and delimits lines and classes of insurance
				for any purposes within the commissioner's regulatory power unless the language
				or context of a statute or rule otherwise provides.
(1) LIFE AND DISABILITY INSURANCE. Life and
			 disability insurance includes the following:
(a) Life insurance and annuities - except
			 insurance or annuities included in par. (b), insurance or annuities upon the
			 lives of persons, and annuity contracts without life contingencies, as provided
			 in s.
			 632.66,
			 Stats.;
1. Credit life insurance - insurance
			 on the lives of borrowers or purchasers of goods in connection with specific
			 loans or credit transactions when all or a portion of the insurance is payable
			 to the creditor to reduce or extinguish the debt;
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.76 - Grounds for disapproval of and authorized clauses for fire, inland marine and other property insurance forms

Current through June 24, 2024
(1) PURPOSE. The
			 purpose of this rule is to set out characteristics and provision of fire,
			 inland marine and other property insurance forms, as defined by s.
			 Ins 6.75(2)
			 (a), which may constitute grounds for
			 disapproval of such forms under the provisions of s.
			 631.20(2),
			 Stats., and to promulgate authorized clauses for such forms under s.
			 631.23,
			 Stats., because it has been found that:
(a)
			 Price or coverage competition is ineffective because diversity in language or
			 content makes comparison difficult;
(b) Provision of language, content or form of
			 these specific clauses is necessary to provide certainty of meaning of
			 them;
(c) Regulation of contract
			 forms will be more effective and litigation will be substantially reduced if
			 there is increased standardization of certain clauses; and
(d) Reasonable minimum standards of insurance
			 protection are needed for policies to serve a useful purpose.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.77 - Exemption from mid-term cancellation requirements

Current through June 24, 2024
(1) PURPOSE. This
			 section is intended to exempt certain classes of insurance contracts from s.
			 631.36(2)
			 (a), (b) and (c), Stats. This section
			 implements the provisions of ss.
			 631.01(5)
			 and
			 631.36(1)
			 (c), Stats.
(2) SCOPE. This section applies to all
			 insurers authorized to write umbrella or excess liability insurance policies in
			 Wisconsin and to all insurers authorized to write aircraft insurance policies
			 in Wisconsin.
(3) DEFINITIONS.
(a) "Aircraft insurance" has the meaning
			 given in s.
			 Ins 6.75(2)
			 (e).
(ac) "Application form
"
means a policy form that is designated an application by the insurer and that
			 is filed with the office of the commissioner of insurance under s.
			 631.20,
			 Stats.
(b) "Excess liability
			 policy" means an insurance contract providing at least $1,000,000 of liability
			 coverage per person or per occurrence in excess of certain required underlying
			 liability insurance coverage.
(c)
			 "Umbrella liability policy" means an insurance contract providing at least
			 $1,000,000 of liability coverage per person or per occurrence in excess of
			 certain required underlying liability insurance coverage or a specified amount
			 of self-insured retention.
(d) "War
			 risks coverage" means insurance coverage provided under an aircraft insurance
			 policy for bodily injury, mental anguish, medical expense, or damage or loss to
			 the covered aircraft or a third party's property caused by declared or
			 undeclared war, invasion, rebellion, insurrection or warlike operations or by
			 an attempt to or the actual seizure or detention of an aircraft by any
			 government, military, naval, or usurped power.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 6 - General › Section Ins 6.78 - Exemption from filing of rates

Current through June 24, 2024
(1) PURPOSE. The
			 purpose of this section is to exempt from the filing requirements of s.
			 625.13,
			 Stats., those rates for risks which have been customarily written on a
			 consent-to-rate basis and certain title insurance rates, it having been
			 determined that such filing is not necessary to protect policyholders and the
			 public. This rule implements and interprets ss.
			 625.04,
			 625.13,
			 and
			 625.15,
			 Stats.
(2) SCOPE. This section
			 applies to the following lines or classes of insurance:
(a) The classes specified in s.
			 Ins 6.75(2) (a), (d),
			 (e), (f), (g), (h), (i), (j), (L), (m), and
			 (n).
(b) Individual rate modifications that are a
			 reduction from the filed title insurance rate.