Chapter 601, INSURANCE — ADMINISTRATION

601.01 Purposes. The purposes of chs. 600 to 655 are: (1) To ensure the solidity of all insurers doing business in this state; (2) To ensure that policyholders, claimants and insurers are treated fairly and equitably; (3) To ensure that the state has an adequate and healthy insur…

601.02 Definitions. In this chapter, unless the context indicates otherwise: (1) “Adjuster” means any person who represents an insurer or an insured in negotiations for the settlement of a claim against the insurer arising out of the coverage provided by an insurance policy. (3) …

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…

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 b…

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 fe…

601.13 Financial services; deposits. 601.13(1)(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: 601.1…

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 o…

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…

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 …

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. H…

601.20 Advisory councils and committees. 601.20(1)(1) Authorization to form councils and committees. The 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 pro…

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 docum…

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 …

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. 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 …

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) …

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…

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…

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, th…

601.44 Conducting examinations. 601.44(1)(1) Order of examination. For 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 ex…

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 …

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 …

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 inq…

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 und…

601.48 Participation in organizations. Cross-reference: See definitions in ss. 600.03 and 628.02. SUBCHAPTER I GENERAL PROVISIONS

601.49 Access to records. The commissioner shall have access to the records of any agency of the state government or of any political subdivision thereof which the commissioner may wish to consult in discharging his or her duties. History: 1979 c. 102.

601.51 Provision of certified copies and notices. (1) CERTIFIED COPIES. On request of any insurer authorized to do a surety business and its payment of the fee under s. 601.31 (1), the commissioner shall mail a certified copy of its certificate of authority to any designated publ…

601.53 Insolvency notices. 601.53(1)(1) Insurers doing a surety business. Whenever any authorized insurer doing a surety business is placed in liquidation under ch. 645 or a similar law of another state or jurisdiction, the commissioner shall immediately notify the director of st…

601.55 Nondomestic insurers; additional requirements. If another state or a foreign country requires domestic insurers doing business in that state or foreign country to deposit security, to pay a fee or tax not included in the computation under s. 76.66, to pay a fine or penalty…

601.58 Interstate insurance product regulation compact. The interstate insurance product regulation compact is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein, in substantially the following form: (1) ARTICLE I — PURPOSE…

601.61 Auxiliary procedural powers. The commissioner may administer oaths, take testimony, issue subpoenas and take depositions in connection with any hearing, meeting, examination, investigation or other proceeding that the commissioner may conduct. History: 1979 c. 102 s. 236 (…

601.62 Hearings. (1) HEARING REQUIRED. Whenever chs. 600 to 655 expressly so provide, the commissioner shall hold a hearing before issuing an order. (2) SPECIAL INSURANCE HEARINGS. Chapter 227 shall apply to all hearings under chs. 600 to 655, except those for which special proce…

601.63 Notice and effective date of orders. (1) NOTICE TO PERSON ADDRESSED BY ORDER. Notice of any order by the commissioner shall be served under s. 227.48. (2) NOTIFICATION TO AGENTS OF REVOCATION OF CERTIFICATE OF AUTHORITY OF INSURER. Upon issuance of any order revoking an in…

601.64 Enforcement procedure. 601.64(1)(1) Injunctions and restraining orders. The commissioner may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction or by temporary restraining order any violation of chs. 600 to 655 or …

601.65 Marketing firm forfeitures. (1) In this section “firm” means a person that markets insurance but does not include an insurer. (2) A firm is liable for a forfeiture of not more than $1,000 for each violation by an insurance agent of a provision of, a rule promulgated under …

601.71 Enforcement of policyholder rights. When the commissioner is satisfied that any nondomestic insurer which no longer has a certificate of authority in this state does or omits to do any act whereby the rights of policyholders who are residents of this state, or who hold con…

601.715 Registered agent for service of process. (1) Every authorized insurer shall continuously maintain in this state a registered agent for service of process, notice or demand on the insurer. The authorized insurer shall file the name and address of the registered agent with …

601.72 Service of process through state officer. (1) GENERAL. Under procedures specified in s. 601.73, the commissioner is by law constituted attorney, except in cases in which the proceeding is to be brought by the state against an insurer or intermediary other than a risk reten…

601.73 Procedure for service of process through state officer. (1) REQUIREMENTS FOR EFFECTIVE SERVICE. Service upon the commissioner or department of financial institutions under s. 601.72 is service on the principal, if: (a) Two copies of the process are left in the hands or off…

601.80 Definitions; healthcare stability plan. In this subchapter: (1) “Affordable Care Act” means the federal Patient Protection and Affordable Care Act, P.L. 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, P.L. 111-152, and any amendment…

601.83 Healthcare stability plan; administration. (1) PLAN ESTABLISHED; GENERAL ADMINISTRATION. (a) The commissioner shall administer a state-based reinsurance program known as the healthcare stability plan in accordance with the specific terms and conditions approved by the fede…

601.85 Accounting, reports, and audits. (1) ACCOUNTING. The commissioner shall keep an accounting for each benefit year of all of the following: (a) Funds appropriated for reinsurance payments and administrative and operational expenses. (b) Requests for reinsurance payments rece…

601.93 Payment of dues. (1g) In this section, “fire insurance” includes insurance against loss of or damage to: (a) Notes, acceptances or any other valuable papers or documents, resulting from any cause, except while in the mail or in the custody or possession of and being transp…

601.935 Penalties. (1) LATE PAYMENT. An insurer that fails to make quarterly payments under s. 601.93 (2) of at least 25 percent of either the total fire dues paid for the previous calendar year or 80 percent of the actual fire dues for the current calendar year is liable, in add…

601.95 Definitions. In this subchapter: (1) “Authorized individual” means an individual who is known to and screened by a licensee and whose access to the licensee’s information system or nonpublic information is determined by the licensee to be necessary and appropriate. (2) “Co…

601.951 General provisions. (1) EXCLUSIVE STATE STANDARDS. This subchapter establishes the exclusive state standards applicable to licensees for data security, the investigation of a cybersecurity event, and notification of a cybersecurity event or unauthorized access to nonpubli…

601.952 Information security program. (1) IMPLEMENTATION OF PROGRAM. No later than November 1, 2022, a licensee shall develop, implement, and maintain a comprehensive written information security program based on the licensee’s risk assessment under sub. (2) and consistent with t…

601.953 Investigation of cybersecurity event. (1) If a licensee learns that a cybersecurity event involving the licensee’s information systems or nonpublic information has or may have occurred, the licensee, or an outside vendor or service provider designated to act on behalf of …

601.954 Notification of a cybersecurity event. (1) NOTIFICATION TO THE COMMISSIONER. (a) A licensee shall notify the commissioner that a cybersecurity event involving nonpublic information has occurred if any of the following conditions is met: 1. The licensee is domiciled in thi…