Wisconsin Administrative Code

Ins 41.90 Other requirements. This chapter is in addition to, and does not supersede or substitute for, other disclosure or filing requirements, including, but not limited to, s. 611.78, Stats., and ch. 617, Stats. History: Cr. Register, December, 1995, No. 480, eff. 1-1-96. the …

Ins 42.01 Definitions. In this chapter: (1) XActuaryY means a person who is a member in good standing of the American Academy of Actuaries. (2) XInsurerY means an insurer as defined under s. 600.03 (27), Stats., which has a certificate of authority under ch. 611, 612, 613, 614 or…

Ins 42.02 Licensure required. (1) No person, including, but not limited to, a natural person, may act as a managing general agent for an insurer with respect to a risk located in this state unless the person is licensed as a managing general agent under s. 628.04 or 628.09, Stats…

Ins 42.03 Required contract provisions. No person may act as a managing general agent for an insurer unless the person first enters into and subsequently complies with a written contract between the parties which sets forth the responsibilities of each party and, where both parti…

Ins 42.035 Applicability. (1) A managing general agent functioning without a written contract on or after August 1, 1993 is deemed to be subject to terms consistent with s. Ins 42.03. (2) A managing general agent which first enters into, amends or renews a contract on or after Au…

Ins 42.04 Effect of noncompliance on contract terms. A contract between an insurer and a managing general agent that violates s. Ins 42.03 is enforceable against the managing general agent as if it conformed to s. Ins 42.03. History: Cr. Register, July, 1993, No. 451, eff. 8-1-93…

Ins 42.05 Duties of insurers. (1) Each insurer shall have on file an independent financial examination of each managing general agent with which it has done business after August 1, 1993. (2) If a managing general agent establishes loss reserves, the insurer shall annually obtain…

Ins 42.06 Examination authority. The acts of a managing general agent are acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer. History: Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Ins 42.07 Additional restrictions. This chapter is in addition to ss. 611.67 and 618.22, Stats. History: Cr. Register, July, 1993, No. 451, eff. 8-1-93. the chapter was last published.

Ins 45.01 Definitions. In this chapter, unless the context otherwise requires: (1) XAccredited stateY means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to …

Ins 45.02 Scope. (1) This chapter applies only to insurers which are domiciled in this state or which are domiciled in a state that is not an accredited state or which does not have in effect a law which is substantially similar to this chapter. (2) (a) Except as provided by par.…

Ins 45.03 Minimum standards. A controlled insurer may not accept business from a controlling producer and a controlling producer may not place business with a controlled insurer unless there is a written contract between the controlling producer and the insurer specifying the res…

Ins 45.05 Audit committee. Every controlled insurer shall have an audit committee of the board of directors composed of independent directors. The audit committee shall annually meet with management, the insurer[s independent certified public accountants, and an independent casua…

Ins 45.06 Reporting requirements. In addition to any loss reserve certification required under s. Ins 50.30 (1), a controlled insurer shall annually, prior to April 1, file with the commissioner: (1) An opinion of an independent casualty actuary or of an other independent loss re…

Ins 45.07 Disclosure. A controlling producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the producer and the controlled insurer except that, if the business is placed through a subproduce…

Ins 47.01 Definitions. In this chapter: (1) XActuaryYY means a person who is a member in good standing of the American academy of actuaries. (2) XControlling personY means any person who directly or indirectly has the power to direct or cause to be directed, the management, contr…

Ins 47.02 Licensure. (1) Except as provided by sub. (2): (a) No person may act as a reinsurance intermediary-broker in this state if the reinsurance intermediary-broker maintains an office either directly or as a member or employe of a firm or association, or an officer, director…

Ins 47.03 Required contract provisions-reinsurance intermediary-brokers. No reinsurance intermediarybroker or insurer may enter into an agreement or arrangement after August 1, 1993 and after September 30, 1994, no reinsurance intermediary-broker may continue an agreement or arra…

Ins 47.04 Books and records-reinsurance intermediary-brokers. (1) A reinsurance intermediary-broker shall keep a complete record for each transaction for at least 10 years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker, showing:…

Ins 47.05 Duties of insurers utilizing the services of a reinsurance intermediary-broker; prohibited function. (1) An insurer may not use the services of any person to act as a reinsurance intermediary-broker on its behalf unless the person is licensed as required by this chapter…

Ins 47.06 Required contract provisions-reinsurance intermediary-manager. No reinsurance intermediarymanager or reinsurer may enter into an agreement or arrangement, or amend or renew an agreement or arrangement, after August 1, 1993 for the reinsurance intermediary-manager to rep…

Ins 47.07 Prohibited acts. A reinsurance intermediarymanager may not: (1) Cede retrocessions on behalf of the reinsurer, except that the reinsurance intermediary-manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the rein…

Ins 47.08 Duties of reinsurers utilizing the services of a reinsurance intermediary-manager. (1) A reinsurer shall not engage the services of any person to act as a reinsurance 4 intermediary-manager on its behalf unless the person is licensed as required by s. Ins 47.02. (2) A r…

Ins 47.09 Effect of noncompliance on contract terms. A contract between a reinsurance intermediary and an insurer that violates s. Ins 47.03 or 47.06 is enforceable against the reinsurance intermediary as if it conformed to s. Ins 47.03 or 47.06. History: Cr. Register, July, 1993…

Ins 47.10 Examination authority. (1) A reinsurance intermediary may be examined by the commissioner. A reinsurance intermediary shall give the commissioner access to all books, financial institution accounts and records of the reinsurance intermediary in a form usable to the comm…

Ins 5.01 Purpose; applicability. (1) This chapter interprets subch. III of ch. 227, Stats., and ss. 102.31 (4), 153.78, 601.44 (6), and 601.62, Stats., and applies to administrative actions under the jurisdiction of the commissioner, and the PCF board. (2) This chapter does not a…

Ins 5.03 Definitions. In this chapter: (1) XCommissionerY means the commissioner of insurance or the deputy commissioner of insurance acting under s. 601.11 (1) (b), Stats. (2) XContested caseY has the meaning given in s. 227.01 (3), Stats. (3) XDeclaratory rulingY means an admin…

Ins 5.05 Petition for declaratory ruling. An interested person may file with the commissioner or a board a petition for a declaratory ruling under s. 227.41, Stats. The petition shall comply with s. 227.41 (2), Stats., and shall state how the petitioner may be affected by the sta…

Ins 5.06 Response to petition. Within a reasonable time after a petition is filed under s. Ins 5.05, the commissioner or board shall grant or deny the petition. If the petition is granted, the commissioner or board shall initiate a contested case under s. 227.41 (1), Stats., by i…

Ins 5.07 Complaint; investigation. (1) Any person may file with the office a complaint about any person subject to regulation under ch. 153, Stats., or chs. 600 to 655, Stats. (2) Based on a complaint under sub. (1) or other information available, the office may investigate to de…

Ins 5.08 Orders. (1) ISSUANCE. If the office determines, based on its examination or investigation of a person regulated under ch. 153, Stats., or chs. 600 to 655, Stats., that there is probable cause to believe that a person has violated any provisions of those chapters, a rule …

Ins 5.09 Right to hearing before commissioner. Any of the following may initiate a contested case proceeding before the commissioner by filing with the commissioner a petition meeting the requirements of s. Ins 5.11 within the time limit specified in the applicable statute or adm…

Ins 5.10 Right to hearing before PCF board. (1) Any of the following may initiate a contested case proceeding before the PCF board by filing with the board a petition meeting the requirements of s. Ins 5.11: (a) A person adversely affected by a classification decision of the Wisc…

Ins 5.11 Petition; response; effect. (1) CONTENTS. (a) A petition for a hearing need not be in any particular form, but shall be in writing and shall include all of the following: 1. The name and address of the petitioner. 2. The date of the petition. 3. Any of the following: a. …

Ins 5.12 Notice of hearing. (1) FORM. The office or administrative law judge shall serve on each named party in a contested case a notice of hearing which shall include all of the following: (a) The title, in the form prescribed in s. Ins 5.17 (1) (d), and the case number of the …

Ins 5.13 Answer. (1) ANSWER REQUIRED. Each named respondent required to file an answer shall answer the notice of hearing by the specified time, unless additional time is allowed by stipulation of the parties or the administrative law judge, for good cause, allows a respondent ad…

Ins 5.15 Amendment of pleadings. (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 m…

Ins 5.17 Papers; identification; form; filing; service. (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 fil…

Ins 5.19 Administrative law judges. (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 limite…

Ins 5.21 Failure to appear, answer or comply with administrative law judge[s order. (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 con…

Ins 5.23 Appearances. (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 administ…

Ins 5.25 Motions. (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 substantiv…

Ins 5.27 Subpoenas. (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 p…

Ins 5.29 Record of oral proceedings; transcripts. (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 d…

Ins 5.31 Proceedings open to public; exceptions. (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 …

Ins 5.33 Prehearing conference. (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) T…

Ins 5.35 Discovery. (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 orde…