601.04 Certificate of authority; fee. (1) SCOPE. This section applies to all insurers incorporated or organized under any law of this state except chs. 611, 612, 613 and 614. (2) REQUIREMENT OF LICENSE. No insurer or plan subject to this section may transact insurance business in this state without having in effect a certificate of authority. (3) LICENSING. The commissioner shall issue to any insurer or plan subject to this section a certificate of authority authorizing it to transact the business of insurance in this state if the commissioner is satisfied that it has met all requirements of law and that its methods and practices and the character and value of its assets will adequately safeguard the interests of its insureds and the public in this state. Each certificate shall be issued for a period of no longer than one year and shall expire on May 1. It may be renewed from year to year.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
601.04
INSURANCE — ADMINISTRATION
(4) FEES. Every insurer or plan obtaining or renewing its certificate shall pay the fee required by s. 601.31 (1) (b) or (c). History: 1971 c. 260; 1973 c. 22; 1975 c. 223, 373; 1977 c. 339 s. 6m; Stats. 1977 s. 601.04; 1979 c. 102 ss. 236 (6), 237; 1981 c. 41. Cross-reference: See also s. Ins 15.01, Wis. adm. code.
SUBCHAPTER II OFFICE OF THE COMMISSIONER OF INSURANCE 601.11 Personnel. (1) DEPUTY COMMISSIONER. (a) Appointment. The deputy commissioner shall be appointed subject to ss. 15.04 (2) and (3) and 15.73. (b) Acting commissioner. When the office of commissioner is vacant, or when the commissioner is unable to perform his or her duties because of mental or physical disability, the deputy commissioner shall be acting commissioner. The deputy commissioner shall have such other duties and powers as the commissioner delegates and assigns. (2) OTHER PERSONNEL. Except for those employed under s. 601.14 (2) or otherwise specifically exempted, all personnel including staff attorneys shall be appointed under the classified service. History: 1977 c. 418.
601.12 Legal services. (1) LEGAL SERVICES. The attorney general shall allocate personnel as the legal needs of the office demand. (2) ENFORCEMENT. Upon request of the commissioner, the attorney general shall proceed in any federal or state court or agency to recover any tax or fee related to insurance payable under the laws of this state and not paid when due, and any penalty or forfeiture authorized by chs. 600 to 655. Upon request of the commissioner, the attorney general or, in a proper case, the district attorney of any county, shall aid in any investigation, hearing or other procedure under chs. 600 to 655 and shall institute, prosecute and defend proceedings relating to the enforcement or interpretation of chs. 600 to 655, including any proceeding to which the state, or the insurance commissioner or any employee of the office, in the employee’s official capacity, shall be a party or in which the commissioner or the employee is interested. History: 1975 c. 189; 1977 c. 339 s. 43; 1979 c. 89, 102, 177; 1983 a. 358 s. 14; 1989 a. 187 s. 29.
601.13
Financial services; deposits. (1) RECEIPT OF DEPOSITS. Subject to the approval of the commissioner, the secretary of administration shall accept deposits or control of acceptable book-entry accounts from insurers and other licensees of the office as follows: (a) Deposits required or permitted by the laws of this state; (b) Deposits of domestic insurers or of alien insurers domiciled in this state if required by the laws of other states as prerequisite to authority to do an insurance business in other states; and (c) Deposits resulting from application of any retaliatory provisions. (2) TERMS OF DEPOSIT. Unless otherwise provided by the law requiring or permitting the deposit, each deposit shall be held in trust: first, for the claimants under s. 645.68 (3); 2nd, for the claimants under s. 645.68 (3c); 3rd, for the claimants under s. 645.68 (3m); 4th, for the claimants under s. 645.68 (4); and thereafter, for all other creditors in the order of priority established by s. 645.68. No claim may be made against the deposit of an alien insurer unless the claim arises out of a transaction in the United States. (3) SECURITIES ELIGIBLE. All deposits may consist of any of the securities authorized in this subsection. Each security must
Updated 23-24 Wis. Stats.
2
be approved by the commissioner, must be subject to disposition by the secretary of administration, and must not be available to any other person except as expressly provided by law. The authorized securities are: (a) Lawfully authorized bonds or other evidences of indebtedness which are the direct obligation of the United States or Canada or any state or province thereof. (b) Lawfully authorized bonds or other evidences of indebtedness which are the direct obligation of any county, city, village, town, school district or other governmental or civil division within the United States or Canada. (c) Lawfully authorized bonds or other evidences of indebtedness payable from and adequately secured by revenues specifically pledged therefor of the United States or Canada, or of any state or province, or of a commission, board or other instrumentality of one or more of them. (d) Interest-bearing notes of any savings bank or savings and loan association organized under the laws of this state. (e) Bonds or other securities of any savings and loan finance corporation organized under the laws of this state. (f) Investment shares of any savings bank or savings and loan association to the extent that they are or may be insured or guaranteed by the federal government, by the federal deposit insurance corporation or by any other agency of the United States. (g) Shares of corporations chartered or incorporated under section 5 of the homeowners’ loan act of 1933. (h) Certificates of deposit of any bank organized under the laws of this state or of any national bank located in this state. (4) VALUATION. Securities held on deposit shall be valued under s. 623.03 for valuation of such investments of life insurers, or at market, whichever is lower. (5) RECEIPT, INSPECTION, AND RECORD. The secretary of administration shall deliver to the depositor a receipt for all securities deposited or held under the control of the secretary of administration and shall permit the depositor to inspect its physically held securities at any reasonable time. On application of the depositor the secretary of administration shall certify when required by any law of the United States or of any other state or foreign country or by the order of any court of competent jurisdiction that the deposit was made. The secretary of administration and the commissioner shall each keep a permanent record of securities deposited or held under the control of the secretary of administration and of any substitutions or withdrawals and shall compare records at least annually. (6) TRANSFER OF SECURITIES. No transfer of a deposited security, whether voluntary or by operation of law, is valid unless approved in writing by the commissioner and countersigned by the secretary of administration. (7) NOT SUBJECT TO LEVY. No judgment creditor or other person shall levy upon any deposit held under this section. (8) INTEREST AND SUBSTITUTIONS. Subject to s. 16.401 (11), a depositor shall, while solvent and complying with the laws of this state, be entitled: (a) To receive interest and cash dividends accruing on the securities held on deposit for its account; and (b) To substitute for deposited securities other eligible securities, as expressly approved by the commissioner. (9) VOLUNTARY EXCESS DEPOSIT. A depositor may deposit eligible securities in excess of requirements to absorb fluctuations in value and to facilitate substitution of securities. (10) RELEASE OF DEPOSIT. Upon approval of the commissioner, any deposit or part thereof shall be released upon the depositor’s request to the extent permitted by law. (11) ADVANCE DEPOSIT OF FEES. With the approval of the
May 22, 2026, are designated by NOTES. (Published 5-22-26)
3
Updated 23-24 Wis. Stats.
commissioner, any person required to pay fees or assessments to the state through the commissioner may make a deposit with the secretary of administration from which the fees or assessments shall be paid on order of the commissioner not less than twice each year. Upon request by the depositor, any balance remaining shall be returned on the certificate of the commissioner that all fees and assessments have been paid to date. History: 1971 c. 40 s. 93; 1971 c. 260 s. 92 (6); 1977 c. 203 ss. 102, 103; 1977 c. 339 s. 43; 1979 c. 89, 102, 177; 1991 a. 221; 1999 a. 30; 2003 a. 33.
601.14 Supporting services. (1) OFFICES. The department of administration shall provide suitable premises for the offices of the commissioner of insurance: (a) In the city of Madison; and (b) Elsewhere, if approved by the governor as necessary for the efficient operation of the office. (2) MATERIALS, SUPPLIES, EQUIPMENT AND CONTRACTUAL SERVICES. The department of administration shall provide the office with all materials, supplies, equipment and contractual services necessary for its efficient operation, including reasonable library facilities and books. Part-time or temporary services of professionals and experts shall be provided by the department of administration upon the recommendation of the commissioner, and may be provided without regard to the restrictions of subch. II of ch. 230. History: 1971 c. 307; 1977 c. 196 s. 131.
601.15 Oath. The deputy commissioner shall take and file the official oath. 601.16 Official seal and signature. (1) SEAL. The commissioner need not have nor use an official seal. Any statutory or common law requirement that an official seal be affixed is satisfied by the signature of the commissioner. (2) SIGNATURES. Any signature of the commissioner may be in facsimile unless specifically required to be handwritten. History: 1977 c. 203 s. 103.
601.18 Delegation. Any power, duty or function vested in the commissioner by law may be exercised, discharged or performed by any employee of the office acting in the commissioner’s name and by the commissioner’s delegated authority. Any person whose own course of action in good faith depends upon proof of the validity of an asserted delegation is not obligated to act until the person is shown a written delegation with a handwritten signature of the commissioner or deputy commissioner. History: 1979 c. 102.
601.19 Organization of the office. The commissioner shall publish periodically in the Wisconsin administrative code an up-to-date chart and explanation of the organization of the commissioner’s office, making clear the allocation of responsibility and authority among the staff. History: 1979 c. 102 s. 236 (14).
601.20
Advisory councils and committees. (1) AUThe commissioner may create advisory councils and committees under s. 15.04 (1) (c) to assist in dealing with regulatory problems. The commissioner may appoint members and may provide by rule for the creation, governance, duties and termination of any council or committee the commissioner establishes. THORIZATION TO FORM COUNCILS AND COMMITTEES.
History: 1975 c. 372, 375, 421; 1977 c. 196 s. 131; 1979 c. 102, 221. Cross-reference: See also s. Ins 6.79, Wis. adm. code.
INSURANCE — ADMINISTRATION
601.31
SUBCHAPTER III FINANCING THE INSURANCE OFFICE 601.31 Fees. (1) Except as provided in sub. (2m), the following fees, unless revised by the commissioner as provided in s. 601.32, shall be paid to the commissioner: (a) For filing documents for examination preliminary to initial licensing or for any other initial filing of documents required by law as a prerequisite for operating or otherwise providing services in this state, including the filing of articles of incorporation, the first declaration or statement, a certified copy of charter, and others: 1. Domestic and nondomestic insurers, $400. 2. Rate service organizations, $400. 3. Motor clubs, $400. 5. Providers of services under ch. 647, $100. (b) For issuing a permit or certificate of authority: 1. Domestic and nondomestic insurers, $400. 2. Rate service organizations, $400. 3. Motor clubs, $400. 5. Providers of services under ch. 647, $100. (c) Annually for continuation of a permit or certificate of authority: 1. Domestic and nondomestic insurers, $100. 2. Rate service organizations, $100. 3. Motor clubs, $100. 5. Providers of services under ch. 647, $25. (d) For filing articles of amendment, domestic companies, $25. (e) For filing a copy of amendments to the articles of a nondomestic insurer, $25. (f) For filing articles of merger, $100. (g) For filing a copy of articles of merger of a nondomestic insurer, other than with a domestic corporation, $25. (h) For filing an application by a nondomestic insurer for amended certificate of authority to transact business in this state, $25. (i) For filing an application to reserve a corporate name, $25. (j) For filing a notice of transfer of a reserved corporate name, $25. (k) For filing an annual statement: 1. Domestic and nondomestic insurers, $100. 2. Rate service organizations, $100. 3. Motor clubs, $100. 5. Providers of services under ch. 647, $25. 6. Domestic mutual insurance holding companies, $100. (km) For processing and maintaining registration records under s. 100.203 (2), a fee to be set by the commissioner by rule but not to exceed $250 annually. (kr) For processing and maintaining license records under s. 616.54 (4), $400 upon initial licensure and $100 annually thereafter, unless the commission specifies a different amount by rule. (L) For issuing or enlarging the scope of a license, amounts to be set by the commissioner by rule but not to exceed: 2. Corporation, limited liability company or partnership intermediary, $100; and 3. Licensees authorized to place business under s. 618.41, $100. (Lg) For filing an original electronic resident intermediary license application following successful completion of any re-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
601.31
Updated 23-24 Wis. Stats.
INSURANCE — ADMINISTRATION
quired prelicensing education or examination under s. 628.04, $10. (Lp) For certifying as an independent review organization under s. 632.835, $400. (Lr) For each biennial recertification as an independent review organization under s. 632.835, $100. (m) For regulating resident intermediaries and nonresident intermediaries, annually after the year in which the initial license is issued, amounts to be set by the commissioner by rule and paid at times and under procedures set by the commissioner. (mc) For regulating a holder of a license to place business under s. 618.41, annually after the year in which the initial license is issued, an amount to be set by the commissioner by rule and paid at times and under procedures set by the commissioner, but not to exceed $100. (mm) For initial issuance of a license as a provider under s. 632.69 (2) (b), $750. (mp) For each annual renewal of a license as a provider under s. 632.69 (2) (j), $250. (mr) For initial issuance of a license as a broker under s. 632.69 (2) (b), $750. (ms) For each annual renewal of a license as a broker under s. 632.69 (2) (j), $250. (n) For appointing, or renewing an appointment of, an agent under s. 628.11, $16 annually for resident agents or $30 annually for nonresident agents, unless the commissioner sets a higher fee by rule, to be paid at times and under procedures set by the commissioner. (nm) For issuing a license as an individual navigator under s. 628.92 (1), unless the commissioner specifies a different amount by rule: 1. Initial issuance, $75. 2. Annual renewal, $35. (np) For registering as a navigator entity under s. 628.92 (2), unless the commissioner specifies a different amount by rule: 1. Initial registration, $100. 2. Annual renewal, $100. (o) For examination of an applicant for a license as an insurance intermediary, an amount to be set by the commissioner by rule. (p) For substituted service of process on the commissioner under s. 601.72, $10. (q) For a copy of a paper filed in the commissioner’s office, actual cost. (r) For preparation and furnishing of lists of insurers or intermediaries, actual cost. (t) For filing documents for examination preliminary to initial listing by the commissioner for surplus lines insurance under s. 618.41 (6) (d), $100. (tc) For each annual listing by the commissioner for surplus lines insurance under s. 618.41 (6) (d), $500. (w) For initial issuance and for each annual renewal of a license as an administrator or pharmacy benefit manager under ch. 633, $100. (x) 1. For issuing approval to an organization to offer prelicensing or continuing education courses or programs for intermediaries under s. 628.04 (3), a fee to be set by the commissioner by rule, but not to exceed $500. 2. By organizations approved under subd. 1., for renewing the approval of such organizations, annually after the year in which the approval under subd. 1. is issued, an amount to be set
4
and paid at times and under procedure set by the commissioner by rule, but not to exceed $100. 3. By organizations approved under subd. 1., for submitting, for initial approval or approval of any subsequent modification, each course for prelicensing or continuing education, a fee to be set by the commissioner by rule, but not to exceed $25 per credit hour. (y) 1. For certifying a copy of an annual statement, an examination report, a certificate of authority or articles and bylaws, or amendments to any of those documents, $10. 2. For a duplicate certification that is requested at the same time as the certification under subd. 1., $5. (z) For issuance of a registration as a public adjuster under s. 629.02 (2), $50. (zb) For each renewal of a public adjuster registration under s. 629.02 (4), $50. (zc) For registering for the public adjuster examination under s. 629.03 (1), $50. (2) Town mutuals and insurers operating under subch. I of ch. 616 are exempt from all provisions of this section except sub. (1) (b), (c) and (q). (2m) An individual who is eligible for the veterans fee waiver program under s. 45.44 is not required to pay a fee under sub. (1) for the issuance to the individual of any license, certificate, or permit specified in sub. (1). (3) The commissioner may not increase fees under sub. (1) (m) above the amounts in effect on March 25, 1988, except for the purpose of funding projected expenses for the office’s supervision of the insurance industry. History: 1971 c. 40 s. 93; 1971 c. 125, 260, 307; 1975 c. 223, 371, 373, 374, 421; 1979 c. 102 ss. 63 to 65, 237; 1979 c. 261, 355; 1981 c. 20 ss. 1739 to 1748, 2202 (26) (a); 1981 c. 38, 314; 1983 a. 358; 1985 a. 29; 1987 a. 27, 166; 1989 a. 31; 1991 a. 39; 1993 a. 112; 1995 a. 27, 371, 396; 1999 a. 9, 155; 2003 a. 261, 302; 2007 a. 169; 2009 a. 28, 342, 344; 2011 a. 209, 226; 2013 a. 20, 271; 2017 a. 59; 2019 a. 129; 2021 a. 9. Legislative Council Note on sub. (2), 1979: In addition to some editorial corrections, this provision has been amended to apply s. 601.31 (2) [(1) (b)] and (3) [(1) (c)] to former ch. 185 insurers, now operating under subch. I of ch. 616. It also applies s. 601.31 (2) [(1) (b)] and (3) [(1) (c)] to town mutuals. The exemption of fraternals in sub. (25) from certain fees is not justified and is deleted. [Bill 21-S]
601.32 Supervision of industry, supplementary fee. (1) If the moneys credited to s. 20.145 (1) (g) 1. under other sections of the statutes prove inadequate for the office’s supervision of insurance industry program, the commissioner may increase any or all of the fees imposed by s. 601.31, or may in any year levy a special assessment on all domestic insurers, or both, for the general operation of that program. (2) Any special assessment shall be in addition to all other taxes, fees, dues and charges and shall not exceed for any such company a maximum of 25 cents per $1,000 of gross premiums received by it during the preceding calendar year on direct insurance in this state, less returned premiums and cancellations. (3) Any assessment made by the commissioner which is less than the maximum shall be prorated among said companies in the same proportion as if it were a maximum assessment. Any such assessment shall be paid to the commissioner on or before July 31 of each year. (4) The commissioner may omit the levy of any assessment which would be smaller than the cost of processing and collecting it. History: 1975 c. 372 s. 41; 1977 c. 339; 1979 c. 102 ss. 66, 236 (4); 1983 a. 215; 2007 a. 20.
601.33 Exemption from taxation. Municipal insurance mutuals organized under s. 611.11 (4) are not subject to any taxes or fees except those imposed by ss. 601.31 and 601.32. History: 1977 c. 346.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
5
Updated 23-24 Wis. Stats. SUBCHAPTER IV POWERS AND DUTIES OF COMMISSIONER
601.41 General duties and powers. (1) DUTIES. The commissioner shall administer and enforce chs. 600 to 655 and ss. 59.52 (11) (c), 66.0137 (4) and (4m), 100.203, and 120.13 (2) (b) to (g) and shall act as promptly as possible under the circumstances on all matters placed before the commissioner. (2) POWERS. The commissioner shall have all powers specifically granted to the commissioner, or reasonably implied in order to enable the commissioner to perform the duties imposed by sub. (1). (3) RULES. (a) The commissioner shall have rule-making authority under s. 227.11 (2). (b) The commissioner may, without the consent of the attorney general as required under s. 227.21 (2), adopt standards of the National Association of Insurance Commissioners by incorporating by reference in rules promulgated by the commissioner any materials published, adopted, or approved by the National Association of Insurance Commissioners, without reproducing the standards in full. The standards referred to in this paragraph do not include any model act or model regulation proposed or adopted by the National Association of Insurance Commissioners. Any materials of the National Association of Insurance Commissioners that are incorporated by reference in rules promulgated by the commissioner shall be obtainable from, and are only required to be kept on file at, the office, which shall be stated in any rule containing such an incorporation by reference. Nothing in this paragraph prohibits the commissioner from adopting standards of the National Association of Insurance Commissioners through incorporation by reference in rules in the manner provided under s. 227.21 (2). (4) ENFORCEMENT PROCEEDINGS. (a) The commissioner shall issue such prohibitory, mandatory, and other orders as are necessary to secure compliance with the law. An order requiring remedial measures or restitution may include any of the following: 1. Remedial measures or restitution under s. 628.347 (5). 2. Remedial measures or restitution to enforce s. 611.72 or ch. 617, including seizure or sequestering of voting securities of an insurer owned directly or indirectly by a person who has acquired or who is proposing to acquire voting securities in violation of s. 611.72 or ch. 617. (b) On request of any person who would be affected by an order under par. (a), the commissioner may issue a declaratory order to clarify the person’s rights or duties. (5) INFORMAL HEARINGS AND PUBLIC MEETINGS. The commissioner may at any time hold informal hearings and public meetings, whether or not called hearings, for the purposes of investigation, the ascertainment of public sentiment, or informing the public. No effective rule or order may result from the hearing unless the requirements of ch. 227 are satisfied. (6) REGULATION OF RISK RETENTION GROUPS AND RISK PURCHASING GROUPS. (a) The commissioner may by rule regulate the condition and conduct of risk retention groups and risk purchasing groups doing business in this state. The commissioner may by order prohibit a risk retention group or risk purchasing group from doing business in this state. (b) The regulation of risk retention groups and risk purchasing groups under ss. 601.72, 618.41, 618.415, 618.43, 628.02, 628.03 and 628.48 is in addition to any other provisions of chs. 600 to 655 which apply to risk retention groups or risk purchasing groups and does not authorize a risk retention group or risk
INSURANCE — ADMINISTRATION
601.41
purchasing group to do an insurance business except as permitted under chs. 600 to 655. (7) INFORMATION AND TECHNICAL ASSISTANCE TO EMPLOYEES AND FORMER EMPLOYEES WHO LOSE HEALTH CARE COVERAGE. The commissioner shall provide to employees and former
employees who lose health care coverage under a group health insurance plan or self-insured health plan information and technical assistance regarding all of the following: (a) Any rights that the individuals may have under state or federal laws affecting health benefit plans, including laws that relate to portability or continuation coverage or conversion coverage under s. 632.897. (b) The availability of individual health benefit plans in the area in which the individual resides. (9) UNIFORM CLAIM PROCESSING FORM. (a) In this subsection, “health care provider” has the meaning given in s. 146.81 (1) (a) to (p). (b) If the federal government has not developed by July 1, 2003, a uniform claim processing form that must be used by all health care providers for submitting claims to insurers and by all insurers for processing claims submitted by health care providers, the commissioner shall develop, by December 31, 2003, a uniform claim processing form for that purpose. (11) PRELICENSING TRAINING. (a) In this subsection: 1. “Instruction” means education, training, instruction, or other experience related to an occupation or profession. 2. “License” means a license, certificate, or permit issued by the commissioner under chs. 601 to 655 for an occupation or profession. (b) In connection with the issuance of a license, the commissioner shall count any relevant instruction that an applicant for a license has obtained in connection with military service, as defined in s. 111.32 (12g), toward satisfying any requirements for instruction for that license, if the applicant demonstrates to the satisfaction of the commissioner that the instruction obtained by the applicant is substantially equivalent to the instruction required for the license. (12) FRAUDULENT INSURANCE ACTS. (a) No person may commit a fraudulent insurance act. (b) For purposes of this subsection, “fraudulent insurance act” includes knowingly presenting a false or fraudulent claim for payment of a loss or benefit or knowingly presenting false information in an application for insurance. (c) If, based on an investigation, the commissioner has a reasonable basis to believe that a violation of s. 943.20, 943.38, 943.39, 943.392, 943.395, 943.40, or any other criminal law has occurred, the commissioner may refer the results of the investigation to the department of justice or to the district attorney of the county in which the alleged violation occurred for prosecution. (13) INTERSTATE REGULATORY REVIEWS; CONSULTANT CONTRACTS. Notwithstanding ss. 16.70 to 16.78, the commissioner may enter into a contract for the services of a consultant if all of the following apply: (a) The office and the insurance department of another state are coordinating a review on a regulatory matter. (b) The other state’s insurance department has already procured the services of the consultant. History: 1977 c. 339 s. 43; 1979 c. 89, 102, 177; 1983 a. 358 s. 14; 1985 a. 29; 1985 a. 182 s. 57; 1987 a. 247; 1989 a. 187 s. 29; 1989 a. 201, 336; 1991 a. 39; 1993 a. 16; 1995 a. 201; 1997 a. 27, 51, 252; 1999 a. 150 s. 672; 2001 a. 16, 65, 109; 2003 a. 261, 302; 2005 a. 74, 249; 2007 a. 170; 2009 a. 28; 2011 a. 120; 2013 a. 20; 2023 a. 19, 212. Cross-reference: See also Ins, Wis. adm. code. Sub. (4) gives the commissioner the authority to issue not only prohibitory and mandatory orders, but also other orders as are necessary to secure compliance with the law. There is no limitation on the nature of the other orders except that they be necessary to secure compliance with the law. Sub. (4) permitted the order of refunds
May 22, 2026, are designated by NOTES. (Published 5-22-26)
601.41
INSURANCE — ADMINISTRATION
when the commissioner determined that a company violated the law by selling its contracts without a certificate of authority. Homeward Bound Services, Inc. v. Office of the Insurance Commissioner, 2006 WI App 208, 296 Wis. 2d 481, 724 N.W. 2d 380, 05-1781. Why process consumer complaints? A case study of the office of the commissioner of insurance of Wisconsin. Whitford, Kimball, 1974 WLR 639.
601.415 Miscellaneous duties. The duties listed in this section are in addition to other duties imposed under chs. 600 to 655. Failure to list a specified power, duty or function of the commissioner in this section does not affect the validity of the power, duty or function. (1) JOINT SURVEY COMMITTEE ON RETIREMENT SYSTEMS. The commissioner or an experienced actuary in the office designated by the commissioner shall serve as a member of the joint survey committee on retirement systems under s. 13.50. (2) GROUP INSURANCE BOARD. The commissioner shall serve as a member of the group insurance board under s. 15.165 (2). (3) WISCONSIN RETIREMENT BOARD. The commissioner or the deputy commissioner, chief legal counsel, or chief financial regulator in the office designated by the commissioner shall serve as a member of the Wisconsin retirement board under s. 15.165 (3) (b). (5) COOPERATION WITH DEPARTMENT OF ADMINISTRATION. The commissioner shall cooperate with the department of administration in placing insurance under s. 16.865 (4). (7) DETERMINATION OF VARIABLE INTEREST RATE ADJUSTMENTS. The commissioner shall approve indexes for variable interest rate adjustments under s. 138.055 (4) (c). (8) LONG-TERM CARE PARTNERSHIP PROGRAM. The commissioner shall provide the certifications required under s. 49.45 (31) (b) 5. and shall cooperate with the department of health services in approving the training program under s. 49.45 (31) (c) for agents who sell long-term care insurance policies. (9) CONSUMER CREDIT LAW. The commissioner shall cooperate with the division of banking in the administration of ch. 424, shall determine the method for computation of refunds under s. 424.205, shall approve forms, schedules of premium rates and charges under s. 424.209 and shall issue rules or orders of compliance to insurers under s. 424.602. (10) PETROLEUM PRODUCT STORAGE REMEDIAL ACTION PROGRAM RULES. The commissioner shall promulgate the rules required under s. 292.63 (1m). (11) AMENDMENTS TO OWN RISK AND SOLVENCY ASSESSMENT GUIDANCE MANUAL. The commissioner shall, in his or her discretion, adopt amendments made after April 18, 2014, by the National Association of Insurance Commissioners to the guidance manual, as defined in s. 622.03 (1). Any such amendments made by the National Association of Insurance Commissioners become effective in this state if adopted by the commissioner by order after giving 30 days’ notice to insurers of the changes proposed by the National Association of Insurance Commissioners. If one or more insurers request a hearing on the proposed changes during the 30-day period, the commissioner shall hold a hearing to determine whether the commissioner will, in his or her discretion, adopt one or more of the changes made by the National Association of Insurance Commissioners. (13) MEMBERSHIP IN THE NATIONAL CONFERENCE OF INSURANCE LEGISLATORS. Annually, from the appropriation account under s. 20.145 (1) (g), the commissioner shall credit to the appropriation account under s. 20.765 (3) (g) an amount sufficient for the payment of annual dues by the legislature for membership in the National Conference of Insurance Legislators. History: 1979 c. 102; 1981 c. 96, 314; 1983 a. 358 s. 14; 1985 a. 256; 1987 a. 27, 47, 247; 1989 a. 31; 1989 a. 187 s. 29; 1991 a. 243; 1995 a. 27, 462; 1997 a. 27;
Updated 23-24 Wis. Stats.
6
2005 a. 74, 316; 2007 a. 20 ss. 3652m, 9121 (6) (a); 2009 a. 342; 2013 a. 20, 279; 2017 a. 59; 2023 a. 212.
601.42 Reports and replies. (1g) REPORTS. The commissioner may require any of the following from any person subject to regulation under chs. 600 to 655: (a) Statements, reports, answers to questionnaires and other information, and evidence thereof, in whatever reasonable form the commissioner designates, and at such reasonable intervals as the commissioner chooses, or from time to time. (b) Full explanation of the programming of any data storage or communication system in use. (c) That information from any books, records, electronic data processing systems, computers or any other information storage system be made available to the commissioner at any reasonable time and in any reasonable manner. (d) Statements, reports, answers to questionnaires or other information, or reports, audits or certification from a certified public accountant or an actuary approved by the commissioner, relating to the extent liabilities of a health maintenance organization insurer are or will be liabilities for health care costs for which an enrollee or policyholder of the health maintenance organization is not liable to any person under s. 609.91. (1r) REPORTS BY INDIVIDUAL PRACTICE ASSOCIATIONS. The commissioner may by rule require that an individual practice association submit to the commissioner information reasonably necessary to determine the financial condition of the individual practice association. The information required under this subsection may include, but is not limited to, financial statements of the individual practice association, except the commissioner may not require members of the individual practice association or other health care providers who contract with the individual practice association to submit individual financial statements. (2) FORMS. The commissioner may prescribe forms for the reports under subs. (1g) and (1r) and specify who shall execute or certify such reports. The forms for the reports required under sub. (1g) shall be consistent, so far as practicable, with those prescribed by other jurisdictions. (3) ACCOUNTING METHODS. The commissioner may prescribe reasonable minimum standards and techniques of accounting and data handling to ensure that timely and reliable information will exist and will be available to the commissioner. (4) REPLIES. Any officer, manager or general agent of any insurer authorized to do or doing an insurance business in this state, any person controlling or having a contract under which the person has a right to control such an insurer, whether exclusively or otherwise, any person with executive authority over or in charge of any segment of such an insurer’s affairs, any individual practice association or officer, director or manager of an individual practice association, any insurance agent or other person licensed under chs. 600 to 646, any provider of services under a continuing care contract, as defined in s. 647.01 (2), any independent review organization certified or recertified under s. 632.835 (4) or any health care provider, as defined in s. 655.001 (8), shall reply promptly in writing or in other designated form, to any written inquiry from the commissioner requesting a reply. (5) VERIFICATION. The commissioner may require that any communication made to the commissioner under this section be verified. (6) IMMUNITY. (a) In the absence of actual malice, no communication to the commissioner required by law or by the commissioner shall subject the person making it to an action for damages for defamation. This paragraph applies to communications received by the commissioner before May 11, 1990, or on or after June 1, 1994.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
7
Updated 23-24 Wis. Stats.
(b) In the absence of actual malice, no communication to the commissioner or office required by law or by the commissioner shall subject the person making it to an action for damages for the communication. This paragraph applies to communications received by the commissioner or office on or after May 11, 1990, and before June 1, 1994. (7) EXPERTS. The commissioner may employ experts to assist the commissioner in an examination or in the review of any transaction subject to approval under chs. 600 to 646. The person that is the subject of the examination, or that is a party to a transaction under review, including the person acquiring, controlling or attempting to acquire the insurer, shall pay the reasonable costs incurred by the commissioner for the expert and related expenses. History: 1977 c. 339 s. 43; 1979 c. 89; 1979 c. 102 ss. 69, 236 (8), (21); 1979 c. 177; 1983 a. 358 ss. 9, 14; 1987 a. 247; 1989 a. 23; 1989 a. 187 ss. 1m, 29; 1989 a. 332; 1991 a. 316; 1997 a. 237; 1999 a. 30, 155. Cross-reference: See also s. 623.02 as to standards for accounting rules. Cross-reference: See also ss. Ins 6.61, 6.62, and 6.63, Wis. adm. code.
601.423 Social and financial impact reports. (1) DEFINITION. In this section, “health insurance mandate” means a statute of this state that does any of the following: (am) Requires an insurance policy, plan, or contract to do any of the following: 1. Permit a person insured under the policy, plan or contract to obtain treatment or services from a particular type of health care provider, including, but not limited to, requiring a health maintenance organization, preferred provider plan, limited service health organization or other plan to select a particular type of health care provider for participation in the plan. 2. Provide coverage for the treatment of a particular disease, condition or other health care need. 3. Provide coverage of a particular type of health care treatment or service, or of equipment, supplies or drugs used in connection with a health care treatment or service. 4. Provide coverage for particular persons because of their relation to the insured or legal status with respect to the insured, or for any other reason. (bm) Requires a particular benefit design or imposes conditions on cost sharing under an insurance policy, plan, or contract for the treatment of a particular disease, condition, or other health care need, for a particular type of health care treatment or service, or for the provision of equipment, supplies, or drugs used in connection with a health care treatment or service. (cm) Imposes limits or conditions on a contract between an insurer and a health care provider, as defined in s. 146.81 (1). (2) PREPARATION OF REPORT. (a) Subject to par. (b), the office shall submit a report on the social and financial impact of any health insurance mandate contained in any bill or amendment affecting an insurance policy, plan, or contract, or, if the office decides not to submit a report, a written statement explaining the reason for not preparing the report, to the chief clerk of the house of the legislature in which the bill or amendment is introduced or offered. (b) 1. The office shall submit the report or written statement for a bill within 10 working days after receiving the copy of the bill from the legislative reference bureau under s. 13.0966 (2) (b). 2. The office shall submit the report or written statement within 10 working days after receiving a copy of the amendment from the legislative reference bureau under s. 13.0966 (2) (b). The office is not required to prepare or submit a report or written statement for an amendment if, by the end of the next business day after receiving a copy of the amendment from the legislative reference bureau, the amendment has failed adoption or failed to be reported out of committee. (3) CONTENTS OF REPORT. (a) Social impact factors. Any
INSURANCE — ADMINISTRATION
601.43
report prepared under sub. (2) shall assess to the extent possible all of the following social impact factors that are relevant to the type of health insurance mandate created, expanded, or continued by the bill or amendment: 1. The portion of this state’s residents who use the treatments or services covered by the health insurance mandate. 2. The extent to which individuals under subd. 1. use these treatments or services. 3. The availability of insurance coverage for these treatments or services. 4. The number of persons who would be eligible for coverage under the health insurance mandate, and the availability of insurance coverage for these persons without the health insurance mandate. (b) Financial impact factors. Any report prepared under sub. (2) shall assess to the extent possible all of the following financial impact factors that are relevant to the type of health insurance mandate created, expanded, or continued by the bill or amendment: 1. Whether the health insurance mandate may increase or decrease the costs of the treatments or services covered by the health insurance mandate. 2. Whether the health insurance mandate would increase the use of the treatments or services covered by the health insurance mandate. 3. Whether any increased use under subd. 2. would substitute for more expensive treatments or services. 4. The impact of the health insurance mandate on total costs of health care in this state. 5. Whether the health insurance mandate may increase the administrative costs to insurance companies and the premium costs to policyholders. History: 1987 a. 177; 2015 a. 288; 2017 a. 239.
601.43 Examinations and alternatives. (1) POWER TO EXAMINE. (a) Insurers, other licensees and other persons subject to regulation. Whenever the commissioner deems it necessary in order to inform himself or herself about any matter related to the enforcement of chs. 600 to 647, the commissioner may examine the affairs and condition of any licensee, registrant, or permittee under chs. 600 to 647 or applicant for a license, registration, or permit, of any person or organization of persons doing or in process of organizing to do an insurance business in this state, of any public adjuster, as defined in s. 629.01 (5), and of any advisory organization serving any of the foregoing in this state. (b) Collateral examinations. So far as reasonably necessary for an examination under par. (a), the commissioner may examine the accounts, records, documents or evidences of transactions, so far as they relate to the examinee, of any of the following: 1. An officer, manager, general agent, employee, or person who has executive authority over or is in charge of any segment of the examinee’s affairs. 2. A person controlling or having a contract under which the person has the right to control the examinee whether exclusively or with others. 3. A person who is under the control of the examinee, or a person who is under the control of a person who controls or has a right to control the examinee whether exclusively or with others. 4. An individual practice association which contracts with the examinee to provide health care services. (c) Availability of records. On demand every examinee under par. (a) shall make available to the commissioner for examination any of its own accounts, records, documents or evidences of transactions and any of those of the persons listed in par. (b). Failure to do so shall be deemed to be concealment of records un-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
601.43
INSURANCE — ADMINISTRATION
der s. 645.41 (8), except that if the examinee is unable to obtain accounts, records, documents or evidences of transactions, failure shall not be deemed concealment if the examinee terminates immediately the relationship with the other person. (d) Delivery of records to the office. On order of the commissioner any licensee, registrant, or permittee under chs. 600 to 647 shall bring to the office for examination such records as the order reasonably requires. (2) DUTY TO EXAMINE. (a) Insurers and rate service organizations. The commissioner shall examine every domestic insurer and every licensed rate service organization. (b) On request. Whenever the commissioner is requested by verified petition signed by 25 persons interested as shareholders, policyholders or creditors of an insurer alleging that there are grounds for formal delinquency proceedings, the commissioner shall forthwith examine the insurer as to any matter alleged in the petition. Whenever the commissioner is requested to do so by the board of directors of a domestic insurer, the commissioner shall examine the insurer as soon as reasonably possible. (c) Specific requirements. The commissioner shall examine insurers as otherwise required by law. (3) AUDITS OR ACTUARIAL OR OTHER EVALUATIONS. In lieu of all or part of an examination under subs. (1) and (2), or in addition to it, the commissioner may order an independent audit by certified public accountants or an actuarial or other evaluation by actuaries or other experts approved by the commissioner of any person subject to the examination requirement. Any accountant, actuary or other expert selected is subject to rules respecting conflicts of interest promulgated by the commissioner. Any audit or evaluation under this section is subject to s. 601.44, so far as appropriate. (4) ALTERNATIVES TO EXAMINATION. In lieu of all or part of an examination under this section, the commissioner may accept the report of an audit already made by certified public accountants or of an actuarial or other evaluation already made by actuaries or other experts approved by the commissioner, or the report of an examination made by the insurance department of another state or of the examination by another government agency in this state, the federal government or another state. (5) PURPOSE AND SCOPE OF EXAMINATION. An examination may but need not cover comprehensively all aspects of the examinee’s affairs and condition. The commissioner shall determine the exact nature and scope of each examination, and in doing so shall take into account all relevant factors, including but not limited to the length of time the examinee has been doing business, the length of time the examinee has been licensed in this state, the nature of the business being examined, the nature of the accounting records available and the nature of examinations performed elsewhere. The examination of an alien insurer shall be limited to insurance transactions and assets in the United States unless the commissioner orders otherwise after finding that extraordinary circumstances necessitate a broader examination. History: 1977 c. 203; 1977 c. 339 s. 43; 1979 c. 89; 1979 c. 102 ss. 70, 71, 236 (6), (9); 1979 c. 177; 1981 c. 20; 1983 a. 358; 1985 a. 29; 1987 a. 247; 1989 a. 23; 1999 a. 30; 2019 a. 129.
601.44
Conducting examinations. (1) ORDER OF EXAMFor each examination under s. 601.43, the commissioner shall issue an order stating the scope of the examination and designating the examiner in charge. Upon demand a copy of the order shall be exhibited to the examinee. (2) ACCESS TO EXAMINEE. Any examiner authorized by the commissioner shall, so far as necessary to the purposes of the examination, have access at all reasonable hours to the premises and to any books, records, files, securities, documents or property of INATION.
Updated 23-24 Wis. Stats.
8
the examinee and to those of persons under s. 601.43 (1) (b) so far as they relate to the affairs of the examinee. (3) COOPERATION. The officers, employees and agents of the examinee and of persons under s. 601.43 (1) (b) shall comply with every reasonable request of the examiners for assistance in any matter relating to the examination. No person may obstruct or interfere with the examination in any way other than by legal process. (4) CORRECTION OF BOOKS. If the commissioner finds the accounts or records to be inadequate for proper examination of the condition and affairs of the examinee or improperly kept or posted, the commissioner may employ experts to rewrite, post or balance them at the expense of the examinee. (5) REPORT ON EXAMINATION. The examiner in charge of an examination shall make a proposed report of the examination which shall include such information and analysis as is ordered in sub. (1), together with the examiner’s recommendations. Preparation of the proposed report may include conferences with the examinee or the examinee’s representatives at the option of the examiner in charge. The proposed report shall remain confidential until filed under sub. (6). (6) ADOPTION AND FILING OF EXAMINATION REPORT. The commissioner shall serve a copy of the proposed report upon the examinee. Within 20 days after service, the examinee may serve upon the commissioner a written demand for a hearing on the contents of the report. If a hearing is demanded, the commissioner shall give notice and hold a hearing under ch. 227, except that on demand by the examinee the hearing shall be private. Within 60 days after the hearing or if no hearing is demanded then within 60 days after the last day on which the examinee might have demanded a hearing, the commissioner shall adopt the report with any necessary modifications and file it for public inspection, or the commissioner shall order a new examination. (7) COPY FOR EXAMINEE. The commissioner shall forward a copy of the examination report to the examinee immediately upon adoption, except that if the proposed report is adopted without change, the commissioner need only so notify the examinee. (8) COPIES FOR BOARD. The examinee shall forthwith furnish copies of the adopted report to each member of its board. (9) COPIES FOR OTHER PERSONS. The commissioner may furnish, without cost or at a price to be determined by the commissioner, a copy of the adopted report to the insurance commissioner of each state in the United States and of each foreign jurisdiction in which the examinee is authorized to do business, and to any other interested person in this state or elsewhere. (10) REPORT AS EVIDENCE. In any proceeding by or against the examinee or any officer or agent thereof the examination report as adopted by the commissioner shall be admissible as evidence of the facts stated therein. In any proceeding commenced under ch. 645, the examination report whether adopted by the commissioner or not shall be admissible as evidence of the facts stated therein. In any proceeding by or against the examinee, the facts asserted in any report properly admitted in evidence shall be presumed to be true in the absence of contrary evidence. History: 1977 c. 203 s. 102; 1979 c. 102 ss. 72, 236 (6), (17); 1991 a. 316. Cross-reference: See also ch. Ins 5, Wis. adm. code.
601.45 Examination costs. (1) COSTS TO BE PAID BY EXAMINEES. The reasonable costs of examinations and audits under ss. 601.43, 601.44, and 601.83 (5) (f) shall be paid by examinees except as provided in sub. (4), either on the basis of a system of billing for actual salaries and expenses of examiners and other apportionable expenses, including office overhead, or by a system of regular annual billings to cover the costs relating to a group of companies, or a combination of such systems, as the commissioner may by rule prescribe. Additional funding, if any, shall be
May 22, 2026, are designated by NOTES. (Published 5-22-26)
9
Updated 23-24 Wis. Stats.
governed by s. 601.32. The commissioner shall schedule annual hearings under s. 601.41 (5) to review current problems in the area of examinations. (2) DUTY TO PAY. The amount payable under sub. (1) shall become due 10 days after the examinee has been served a detailed account of the costs. (3) DEPOSIT. The commissioner may require any examinee, before or from time to time during an examination, to deposit with the secretary of administration such deposits as the commissioner deems necessary to pay the costs of the examination. Any deposit and any payment made under subs. (1) and (2) shall be credited to the appropriation account under s. 20.145 (1) (g) 1. (4) EXEMPTIONS. On the examinee’s request or on the commissioner’s own motion, the commissioner may pay all or part of the costs of an examination from the appropriation under s. 20.145 (1) (g) 1., whenever the commissioner finds that because of the frequency of examinations or other factors, imposition of the costs would place an unreasonable burden on the examinee. The commissioner shall include in his or her annual report information about any instance in which the commissioner applied this subsection. (5) RETALIATION. Deposits and payments under this section shall not be deemed to be a tax or license fee within the meaning of any statute. If any other state charges a per diem fee for examination of examinees domiciled in this state, any examinee domiciled in that other state shall be required to pay the same fee when examined by the insurance office of this state. History: 1977 c. 29; 1979 c. 102; 1981 c. 20; 2003 a. 33; 2007 a. 20; 2011 a. 32; 2017 a. 138. Cross-reference: See also s. Ins 16.01, Wis. adm. code.
601.46 Commissioner’s records and reports. (1) RECORD MAINTENANCE. The commissioner shall maintain the records required by law and those necessary to provide for the continued effective operation of the office, to constitute an adequate and proper recording of its activities and to protect the rights of the people of this state. The records shall be preserved in the office except as provided in s. 16.61. (2) RECORD OF PROCEEDINGS AND ACTIVITIES. The commissioner shall maintain a permanent record of proceedings and important activities, including a concise statement of the condition of each insurer visited or examined, and including a record of all certificates of authority and licenses issued. (3) ANNUAL REPORTS. Prior to September 1 of each year, the commissioner shall submit a report to the governor and to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), which shall include, for the preceding calendar year: (a) The chart and explanation prepared under s. 601.19; (b) A general review of the insurance business in this state, including a report on emerging regulatory problems, developments and trends, including trends related to prescription drugs; (c) A summary of the complaints made to or processed by the office about insurers, agents and others connected with insurance, and information about their disposition; (d) A summary of rules promulgated and circular letters distributed; (e) A list of all insurers authorized to do business in this state during the year, with appropriate and useful information concerning them; including a list of insurers organized, admitted, merged or withdrawn; (f) A list of all revocations of licenses or certificates of authority and the reasons therefor; (g) The changes made in chs. 600 to 655;
INSURANCE — ADMINISTRATION
601.465
(h) A summary of receipts and expenses, including the information required to be included by s. 601.45 (4); (i) The kind and amount of insurance carried in all state insurance funds under chs. 604 to 607 together with the amount of premiums collected, the source and nature of any other income, and the disbursements made. The report shall state separately the premiums, losses, the kind and amount of insurance carried on state property, and on other than state property; and (j) Such other information on the general conduct and condition of insurers doing business in this state as the commissioner or the governor deems necessary or as is prescribed by law. (4) PUBLIC INSPECTION. All records and reports shall be open to public inspection unless specifically otherwise provided by statute or by rule. (5) COPIES OF RECORDS. The commissioner shall provide to any person on request certified or uncertified copies of any record in the department that is open to public inspection. (6) AUDITS. The commissioner shall reimburse the legislative audit bureau for the cost of audits required to be performed under s. 13.94 (1) (de). History: 1971 c. 40 ss. 82, 93; 1973 c. 117; 1975 c. 41 s. 52; 1977 c. 339 s. 43; 1979 c. 89, 102, 221; 1981 c. 20 s. 2202 (26) (c); 1983 a. 358 s. 14; 1987 a. 186; 1989 a. 187 s. 29; 1993 a. 16; 2021 a. 9.
601.465 Nondisclosure of information. (1m) TYPES OF INFORMATION. The office may refuse to disclose and may prevent any other person from disclosing any of the following: (a) Testimony, reports, records and information that are obtained, produced or created in the course of an inquiry under s. 601.42. (b) Except as provided in s. 601.44 (6) to (10), testimony, reports, records and information that are obtained, produced or created in the course of an examination under s. 601.43. (c) Testimony, reports, records, communications, and information that are obtained by the office from, or provided by the office to, any of the following, under a pledge of confidentiality or for the purpose of assisting or participating in monitoring activities or in the conduct of an inquiry, investigation, or examination: 1. The National Association of Insurance Commissioners. 2. An agent or employee of the National Association of Insurance Commissioners. 3. The insurance commissioner of another state. 4. An agent or employee of the insurance commissioner of another state. 5. An international, federal, state or local regulatory or law enforcement agency. 6. An agent or employee of an agency described in subd. 5. 7. Members of a supervisory college described in s. 617.215. 8. The International Association of Insurance Supervisors. 9. An agent or employee of the International Association of Insurance Supervisors. 9m. The security fund created under ch. 646. 10. A fund or other entity in another state, or an association acting on behalf of the fund or other entity, that is organized for the same purpose as the security fund created under ch. 646. (d) Biographical data reported under s. 611.54 (1) relating to directors or principal officers of a corporation. (1n) PRESUMPTION OF CONFIDENTIALITY. (a) Notwithstanding sub. (1m) and subch. II of ch. 19, it is presumed that nonpublic documents and information provided by an insurer to the office under s. 601.42 or 601.43 are proprietary and confidential and that the potential for harm and competitive disadvantage to the insurer if the documents and information are made public by
May 22, 2026, are designated by NOTES. (Published 5-22-26)
601.465
INSURANCE — ADMINISTRATION
the office outweighs the public interest in the disclosure of the documents and information. (b) With notice to the insurer, the presumption under par. (a) may be rebutted by the requesting party presenting clear and convincing evidence to a court of competent jurisdiction that the public interest in the disclosure of the documents and information substantially outweighs the potential for harm or competitive disadvantage to the insurer if the documents and information are disclosed and that the public interest concerns cannot be addressed without the disclosure of the documents and information. If the presumption under par. (a) is successfully rebutted, disclosure of the documents and information shall be made only to the extent necessary to protect the public interest. (c) Paragraph (a) does not apply to the commissioner’s discretion to disclose documents and information provided by an insurer to the office under s. 601.42 or 601.43 as a part of an enforcement proceeding the commissioner brings under s. 601.64. (2m) WAIVER AND APPLICABILITY OF THE PRIVILEGE. All of the following apply to the privilege under this section: (a) The privilege may be waived only by the affirmative written and specific consent of the commissioner. (b) The privilege may not be constructively waived. (c) The privilege applies to testimony, reports, records, communications, and information obtained, created, or provided by any official, employee, or agent of the office for the purpose of assisting or participating in monitoring activities or in the conduct of an inquiry, investigation, or examination by, or coordinated through, the National Association of Insurance Commissioners. (d) The privilege applies to testimony, reports, records, communications, and information in existence on or after April 9, 2008. (e) Privileged information is not subject to inspection or copying under s. 19.35 (1). (f) Privileged information is not subject to subpoena or discovery and is not admissible as evidence in any private civil action. (g) The commissioner may not be compelled to testify concerning privileged information in any private civil action. (h) No person, while acting under the authority of the commissioner, may testify concerning privileged information in any private civil action. (i) The privilege is not waived as a result of the commissioner sharing information as authorized under sub. (1m). (3) EXCEPTIONS. This section does not apply to any of the following: (a) Own risk and solvency assessment reports and related information provided by an insurer under ch. 622, which are subject only to the confidentiality provisions in ch. 622. (b) Enterprise risk filing and any related information provided by an insurer under rules promulgated under s. 617.12, which are not subject to subch. II of ch. 19 and are subject only to any confidentiality provisions of rules promulgated under s. 617.12. (c) Reports of internal control over financial reporting and any related information provided by an insurer under s. Ins 50.17, Wis. Adm. Code, which are not subject to subch. II of ch. 19 and are subject only to the confidentiality provisions of s. Ins 50.17 (6) (b), Wis. Adm. Code. (d) Any information defined as confidential information under s. 623.06 (12) (am), which is subject only to the confidentiality provisions in s. 623.06 (12). (e) All information protected under s. 610.80 (4), including
Updated 23-24 Wis. Stats.
10
the corporate governance annual disclosures and related information, which is subject only to the confidentiality provisions in s. 610.80 (4). (f) All information protected under s. 601.955, which is subject only to the confidentiality provisions in s. 601.955. (g) Any information designated as confidential under s. 632.66 (2) (g), which is subject to the confidentiality provisions in s. 632.66 (2) (g). (h) Group capital calculation and liquidity stress test filings and any related information provided by an insurer under rules promulgated under s. 617.13 (1), which are not subject to subch. II of ch. 19 and are subject only to the confidentiality provisions of s. 617.13 (2). History: 1991 a. 269; 1999 a. 30; 2003 a. 261; 2007 a. 170; 2013 a. 279; 2015 a. 90; 2017 a. 313; 2019 a. 66; 2021 a. 73, 114; 2021 a. 238 s. 45; 2023 a. 212. Cross-reference: See also s. Ins 6.13, Wis. adm. code.
601.47 Publications. (1) GENERAL. The commissioner may prepare books, pamphlets, and other publications relating to insurance and sell them in the manner and at the prices the commissioner determines. The cost of publication and distribution may be paid from the appropriation under s. 20.145 (1) (g) 1. (2) ANNUAL REPORT. The commissioner shall determine the form for the report required in s. 601.46 (3) and shall have the report published in sufficient quantity to meet all requests for copies. The commissioner shall distribute copies upon request to any person who pays the price determined for the report under sub. (1). (3) FREE DISTRIBUTION. The commissioner may furnish free copies of the publications prepared under subs. (1) and (2) to public officers and libraries in this state and elsewhere. The cost of free distribution shall be charged to the appropriation under s. 20.145 (1) (g) 1. History: 1971 c. 125; 1979 c. 102 ss. 75, 236 (6); 2001 a. 16; 2007 a. 20.
601.48 Participation in organizations. (1) NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS. The commissioner and the office of the commissioner shall maintain close relations with the commissioners of other states and shall participate in the activities and affairs of the National Association of Insurance Commissioners and other organizations so far as it will, in the judgment of the commissioner, enhance the purposes of chs. 600 to 655. The actual and necessary expenses incurred thereby shall be reimbursed out of the appropriation under s. 20.145 (1) (g) 1. (1m) ACCREDITATION. (a) The office shall maintain accreditation with the National Association of Insurance Commissioners. (b) Notwithstanding s. 230.14, the commissioner may adopt minimum education and certification requirements for job classification levels that monitor the financial solvency of insurers as necessary to meet accreditation and best practice standards established by the National Association of Insurance Commissioners. Any minimum education and certification requirement adopted under this paragraph shall apply only to employees placed into the classification level after the requirement is adopted and may not apply to employees who were in that classification level prior to the adoption of the requirement. (2) CONSULTATION IN REGULATION. The commissioner may exchange information and data and consult with other persons in order to improve and carry out insurance regulation. History: 1977 c. 339 s. 43; 1979 c. 89; 1979 c. 102 s. 236 (14); 1979 c. 177; 1983 a. 358 s. 14; 1989 a. 187 s. 29; 2007 a. 20; 2021 a. 114.