Chapter 618, NONDOMESTIC INSURERS
31 sections in this chapter.
Wis. Stat. § 618.01 Purposes
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618.01 Purposes. The purposes of this chapter are: (1) To protect insureds, creditors and the public in this state by providing adequate standards and an orderly procedure for the authorization of nondomestic insurers; (2) To prevent evasion by unauthorized insurers of the regula…
Wis. Stat. § 618.02 Definitions
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618.02 Definitions. For the purposes of this chapter, unless the context indicates otherwise: (1) “Directly procured insurance” means insurance procured under s. 618.42. (2) “Doing an insurance business” includes: (a) Soliciting, making, or proposing to make an insurance contract…
Wis. Stat. § 618.11 Application
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618.11 Application. Any person, including the United States branch of an alien insurer, authorized to transact the business of insurance as an insurer in another jurisdiction may apply for a certificate of authority to do an insurance business in this state, using the forms presc…
Wis. Stat. § 618.12 Certificate of authority
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618.12 Certificate of authority. (1) ISSUANCE. The commissioner shall either issue a certificate of authority to an applicant under s. 618.11 or issue an order refusing the certificate which finds: (a) That not all requirements of the law have been met; or (b) That the applicant …
Wis. Stat. § 618.14 Admission of nondomestic fraternals
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618.14 Admission of nondomestic fraternals. (1) APPLICATION. A nondomestic fraternal may apply for authorization to transact business in this state, by filing with the commissioner: (a) A certified copy of its articles and bylaws; (b) A power of attorney to the commissioner to re…
Wis. Stat. § 618.21 Corporation law requirements from chs. 180, 610, 611 and 623 applicable to nondomestic corporations
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618.21 Corporation law requirements from chs. 180, 610, 611 and 623 applicable to nondomestic corporations. (1) STRICT COMPLIANCE. No nondomestic corporation may be authorized to do business in this state unless it complies strictly with the following requirements: (a) Financial …
Wis. Stat. § 618.22 Exclusive agency and management contracts of nondomestic corporations
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618.22 Exclusive agency and management contracts of nondomestic corporations. (1) FILING OF CONTRACT. No nondomestic insurer may be a party to any exclusive agency contract or management contract as defined in ss. 611.66 and 611.67 respectively, unless the contract is filed with …
Wis. Stat. § 618.23 Requirements for nondomestic reciprocals
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618.23 Requirements for nondomestic reciprocals. (1) CONDITIONS OF AUTHORIZATION. No nondomestic reciprocal may be authorized to do business in this state unless under the laws of its domicile or the provisions of its power of attorney or otherwise it can sue and be sued in its o…
Wis. Stat. § 618.24 Requirements for incorporated alien insurers
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618.24 Requirements for incorporated alien insurers. (1) CONDITIONS FOR AUTHORIZATION. No incorporated alien insurer may be authorized to do business in this state unless: (a) It has operated for 5 years in its domicile or the commissioner finds other grounds for being confident …
Wis. Stat. § 618.25 Requirements for unincorporated nondomestic insurers
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618.25 Requirements for unincorporated nondomestic insurers. No nondomestic individual underwriter or syndicate may be authorized to do business in this state unless: (1) It complies with such requirements stated in s. 618.24 as are applicable to an unincorporated insurer; (2) It…
Wis. Stat. § 618.26 Requirements for nondomestic fraternals
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618.26 Requirements for nondomestic fraternals. (1) STRICT COMPLIANCE. No nondomestic fraternal may be authorized to do business in this state unless it complies strictly with all of the following requirements: (a) Financial requirements. The financial requirements of ss. 614.19 …
Wis. Stat. § 618.28 Exemptions from Wisconsin law
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618.28 Exemptions from Wisconsin law. (1) EXEMPTIONS. Any nondomestic insurer authorized to do business in this state may apply for and the commissioner may make an order exempting it from any requirement otherwise applicable to it, if the commissioner finds after a hearing: (a) …
Wis. Stat. § 618.31 Changes in business plan
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618.31 Changes in business plan. (1) NOTIFICATION. Within 5 years after the initial issuance of a certificate of authority to a nondomestic insurer by its domiciliary jurisdiction no substantial change may be made in the business plan and the insurer may not substantially deviate…
Wis. Stat. § 618.32 Transfer of business
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618.32 Transfer of business. (1) REPORT TO COMMISSIONER. Any action by which a nondomestic insurer proposes to transfer to another person or to reinsure any part of its insurance business in this state, other than in the normal and usual course of business, shall be reported to t…
Wis. Stat. § 618.34 Assessment by nondomestic company
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618.34 Assessment by nondomestic company. Every nondomestic mutual insurer authorized in this state shall, immediately after making an assessment upon any of its members in this state, notify the commissioner thereof with a statement of the condition of the insurer, setting forth…
Wis. Stat. § 618.36 Release from regulation
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618.36 Release from regulation. (1) CONTINUANCE OF REGULATION. A nondomestic insurer authorized under this chapter is subject to regulation under the applicable provisions of chs. 600 to 646 until released from regulation under this section. (2) APPLICATION FOR RELEASE. A nondome…
Wis. Stat. § 618.37 Revocation of certificate of authority
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618.37 Revocation of certificate of authority. Whenever there are grounds for delinquency proceedings against a nondomestic insurer under ch. 645, the commissioner may, after a hearing, revoke, suspend or limit its certificate of authority. No such action shall affect insurance a…
Wis. Stat. § 618.39 Assisting unauthorized insurers
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618.39 Assisting unauthorized insurers. 618.39(1)(1) Conduct prohibited. No person may do an insurance business in this state if the person knows or should know that the result is or might be the illegal placement of insurance with an unauthorized insurer or the subsequent servic…
Wis. Stat. § 618.40 Definitions
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618.40 Definitions. In this subchapter, unless the context requires otherwise: (1) “Affiliated group” means all persons that control, are controlled by, or are under common control with, an insured. (2) “Authorized insurer” means an insurer that is licensed, or authorized, to tra…
Wis. Stat. § 618.41 Surplus lines insurance
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618.41 Surplus lines insurance. (1) GENERAL PERMISSION. A domestic surplus lines insurer or a nondomestic insurer which has not obtained a certificate of authority to do business in this state under s. 618.12 may negotiate for and make insurance contracts with persons in this sta…
Wis. Stat. § 618.415 Group liability insurance issued by an unauthorized insurer
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618.415 Group liability insurance issued by an unauthorized insurer. (1) NOTICE BEFORE TAKING APPLICATION. A person may not take an application for liability insurance coverage under a group liability insurance policy which is issued by an unauthorized insurer and which is for a …
Wis. Stat. § 618.416 Qualification for placement of surplus lines insurance with an unauthorized insurer
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618.416 Qualification for placement of surplus lines insurance with an unauthorized insurer. An intermediary may not place surplus lines insurance under s. 618.41 with an unauthorized insurer if this state is the home state of the proposed insured, unless at the time of placement…
Wis. Stat. § 618.42 Direct procurement of insurance
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618.42 Direct procurement of insurance. 618.42(1)(1) Permitted direct procurement. Subject to the restrictions of this section, any person seeking insurance may obtain it if no agent or broker resident or doing business in this state is involved and if negotiations occur primaril…
Wis. Stat. § 618.43 Taxation of insurance written by unauthorized insurers
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618.43 Taxation of insurance written by unauthorized insurers. (1) BUSINESS SUBJECT TO TAXATION. (a) Subject to par. (bc), insurers, agents, brokers, and policyholders are liable, as provided in sub. (2), for a premium tax of 3 percent of gross premiums charged for insurance, exc…
Wis. Stat. § 618.44 Effect of illegal contracts
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618.44 Effect of illegal contracts. An insurance contract entered into in violation of this chapter is unenforceable by, but enforceable against, the insurer. The terms of the contract are governed by chs. 600 to 646 and 655 and rules promulgated thereunder. If the insurer does n…
Wis. Stat. § 618.45 Servicing of contracts made out of state
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618.45 Servicing of contracts made out of state. (1) SERVICING PERMITTED. A nondomestic insurer which does not have a certificate of authority to do business in this state under s. 618.12 may in this state collect premiums and adjust losses and do all other acts reasonably incide…
Wis. Stat. § 618.47 Defense of action by unauthorized person
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618.47 Defense of action by unauthorized person. (1) CONDITIONS FOR FILING. No pleading, notice, order or process in any court action or in any administrative proceeding before the commissioner instituted against an unauthorized person under ss. 601.72 or 601.73 may be filed by o…
Wis. Stat. § 618.48 Attorney fees
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618.48 Attorney fees. In an action against an unauthorized person upon a contract of insurance issued in violation of this chapter, if the unauthorized person fails to make payment in accordance with the contract for 30 days after the payment is due and demand is made, and it app…
Wis. Stat. § 618.49 Investigation, disclosure and taxation of insurance contracts
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618.49 Investigation, disclosure and taxation of insurance contracts. (1) REPORT ON INSURANCE. Whenever the commissioner has reason to believe that insurance has been effectuated by or for any person in this state with an unauthorized insurer, the commissioner may in writing orde…
Wis. Stat. § 618.50 Reporting of illegal insurance
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618.50 Reporting of illegal insurance. (1) ADJUSTERS’ DUTY TO REPORT. Every person investigating or adjusting any loss or claim on a subject of insurance in this state shall promptly report to the commissioner every insurance policy or contract connected with his or her investiga…
Wis. Stat. § 618.61 Reciprocal enforcement of foreign decrees
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618.61 Reciprocal enforcement of foreign decrees. (f) Investigating, settling, adjusting or litigating claims; (g) In any way representing or assisting any person to do an insurance business or to procure insurance; and (h) Any other act generally regarded as doing an insurance b…