Chapter 628, INSURANCE MARKETING

628.01 Purposes. The purposes of this chapter are: (1) To encourage improvement in the professional competence of insurance intermediaries; (2) To provide maximum freedom of marketing methods for insurance, consistent with the interests of the public in this state; (3) To preserv…

628.02 Definitions. In chs. 600 to 655, unless the context otherwise requires: (1) INSURANCE MARKETING INTERMEDIARIES. (a) Activities constituting intermediary. Except as provided under par. (b), a person is an “intermediary” if the person does or assists another in doing any of …

628.03 Requirement of license. (1) GENERAL. No natural person may perform, offer to perform, or advertise any service as an intermediary in this state, unless the natural person obtains a license under s. 628.04 or 628.09, and no person may utilize the services of another as an i…

628.04 Issuance of license. (1) CONDITIONS AND QUALIFICATIONS. Except as provided in s. 628.095 or 628.097, the commissioner shall issue a license to act as an agent to any applicant who: (a) Subject to s. 601.31 (2m), pays the applicable fee; (b) Shows to the satisfaction of the…

628.05 Licensing of town mutual agents. 628.05(1)(1) General exemption. Except as otherwise provided in sub. (2), or by rule promulgated by the commissioner, persons engaged in soliciting insurance exclusively for town mutuals are not subject to the licensing requirements of s. 6…

628.06 Licensing of fraternal agents. 628.06(1)(1) General provision. Subject to sub. (2), an agent of a fraternal is subject to the same licensing requirements as an agent for any other insurer doing the same lines of business, unless the agent was an agent for a fraternal immed…

628.07 Licensing of nonresidents. The commissioner shall waive any examination requirement for a nonresident applicant under s. 628.04 if the applicant’s home state or state of residence has issued the applicant a license for which the qualifications are equivalent to the qualifi…

628.08 Changes in status of intermediaries. Every change in the members of a partnership or a limited liability company or the principal officers of a corporation licensed as an intermediary, every significant change in management powers in the entity, and so far as it relates to…

628.09 Temporary licenses. (1) ISSUANCE OF LICENSE. Except as provided in s. 628.095 or 628.097, the commissioner may issue a temporary license as an intermediary for a period of not more than 12 months to the personal representative of a deceased or mentally disabled intermediar…

628.095 Social security and federal employer identification numbers on applications or at time of fee payment. (1) REQUIRED ON APPLICATIONS. An application for a license issued under this subchapter or subch. V, or for registration under s. 628.92 (2), shall contain the applicant…

628.097 Refusal to issue license; failure to pay support or to comply with subpoena or warrant; tax or unemployment insurance contribution delinquency. (1m) FOR FAILURE TO PAY SUPPORT OR TO COMPLY WITH SUBPOENA OR WARRANT. The commissioner shall refuse to issue to a natural perso…

628.10 Termination of license. (1) GENERAL. An intermediary’s license issued under s. 628.04, or an individual navigator’s license issued under s. 628.92 (1), remains in force until it is revoked or limited under sub. (2), until it is suspended under sub. (2) or s. 227.51 (3), un…

628.11 Appointment of agents. An insurer shall report to the commissioner at such intervals as the commissioner establishes by rule all appointments, including renewals of appointments, and all terminations of appointments of insurance agents to do business in this state, and sha…

628.12 Liability of surplus lines insurer. If a surplus lines insurer has assumed a risk and if the premium therefor has been received by the surplus lines agent or broker who placed the insurance, then as between the insurer and the insured the insurer is deemed to have received…

628.31 Sale of insurance through vending machines. No insurance policies may be sold by a vending machine except policies of personal travel accident insurance providing benefits for accidental bodily injury or accidental death. History: 1975 c. 371, 421; 1979 c. 102 s. 237; 1981…

628.32 Disclosure required. (1) An intermediary may not accept compensation from an insured or from both an insured and another source due to the insured’s purchase of insurance or for advice regarding the insured’s insurance needs or coverage unless the intermediary, before the …

628.34 Unfair marketing practices. (1) MISREPRESENTATION. (a) Conduct forbidden. No person who is or should be licensed under chs. 600 to 646, no employee or agent of any such person, no person whose primary interest is as a competitor of a person licensed under chs. 600 to 646, …

628.345 Prohibited practices during license revocation or surrender. (1) In this section: (a) “Disciplinary period” means the period of time beginning on the effective date of the termination of the license of an intermediary under par. (b) 1. and ending on the date on which a ne…

628.347 Best interest in annuity transactions. (1) DEFINITIONS. In this section: (a) “Annuity” means an annuity that is an insurance product that is individually solicited, whether the product is classified as an individual or group annuity. (ac) “Cash compensation” means any dis…

628.348 Sale of long-term care insurance. (1) TRAINING REQUIREMENT. On and after January 1, 2009, no person may solicit, negotiate, or sell long-term care insurance unless the person is a licensed intermediary and he or she has completed the initial training portion of the traini…

628.35 Prohibition of exclusive contracts. No insurer may make, enforce or participate in any contract or other arrangement for exclusive services of a health care provider that prevents or materially inhibits any other insurer authorized to do business in this state from enterin…

628.36 Limitations on corporations supplying health care services. (1) PAYMENT METHODS. Any corporation operating a voluntary health care plan may pay health care professionals on a salary, per patient or fee-for-service basis to provide health care to policyholders or beneficiar…

628.37 Preservation of professional relationships in professional services. No insurance plan related to or providing health care, legal or other professional services may alter the direct relationship and responsibility of professional persons to their patients or clients for th…

628.38 Disclosure requirements. The commissioner may by rule require insurers to deliver to prospective buyers of life or disability insurance, at a time specified in the rule, information consistent with ss. 601.01 and 628.34 that will improve their ability to select appropriate…

628.39 Extension of credit on premiums. The extension of credit to the insured upon a premium without interest for not exceeding 60 days from the effective date of the policy, or after that time with interest at not less than the legal rate nor more than 18 percent per year on th…

628.40 Effect of agent’s appointment on insurer. Every insurer is bound by any act of its agent performed in this state that is within the scope of the agent’s apparent authority, while the agency contract remains in force and after that time until the insurer has made reasonable…

628.46 Timely payment of claims. (1) Unless otherwise provided by law, an insurer shall promptly pay every insurance claim. A claim shall be overdue if not paid within 30 days after the insurer is furnished written notice of the fact of a covered loss and of the amount of the los…

628.48 Risk retention groups. (1) PROHIBITED MARKETING. A risk retention group may not do any of the following: (a) Solicit or sell insurance to any person who is not eligible for membership in the risk retention group. (b) Solicit or sell insurance or otherwise operate if the ri…

628.49 Regulation of managing general agents, reinsurance brokers and managers and controlling producers. After considering the applicable model acts adopted by the National Association of Insurance Commissioners, the commissioner may promulgate rules that are reasonably necessar…

628.51 Controlled business. No intermediary may receive any compensation from an insurer for effecting insurance upon the intermediary’s property, life or other risk unless during the preceding 12 months the intermediary had effected other insurance with the same insurer with agg…

628.61 Sharing commissions. (1) PROHIBITION. No intermediary or insurer may pay any consideration, nor reimburse out-of-pocket expenses, to any natural person for services performed within this state as an intermediary if he or she knows or should know that the payee is not licen…

628.78 Benefit plans for agents. A domestic insurer may establish retirement, insurance and other benefit plans for agents on an actuarial basis approved by the commissioner. History: 1975 c. 371. SUBCHAPTER V REGULATION OF NAVIGATORS

628.90 Definitions. In this subchapter: (1) “Exchange” means the American health benefit exchange, as described in 42 USC 18031. (2) “Health benefit plan” has the meaning given in s. 632.745 (11). (3) “Individual navigator” means a natural person, including a natural person who i…

628.91 Requirement of licensure or registration. No person, including an intermediary licensed under subch. II, may act in this state as an individual navigator unless licensed under s. 628.92 (1) or as a navigator entity unless registered under s. 628.92 (2).

628.92 Issuance of license and registration. (1) INDIVIDUAL NAVIGATOR LICENSE. A natural person applying for an individual navigator license shall apply to the commissioner on a form developed by the commissioner and shall declare under penalty of refusal, suspension, or revocati…

628.93 Other applicable provisions. 628.93(1)(1) Social security and federal employer identification numbers on applications or at time of fee payment. Applicants for individual navigator licensure and navigator entity registration are subject to s. 628.095. 628.93(2)(2) Refusal …

628.95 Individual navigator, navigator entity, and nonnavigator assister conduct. (1) GENERAL. For purposes of this subchapter, an individual navigator, navigator entity, or nonnavigator assister, in the performance of its duties, shall be considered to be transacting the busines…

628.96 Nonnavigator assisters. (1) REGISTRATION REQUIRED. Any entity that employs one or more nonnavigator assisters shall, in a manner prescribed by the commissioner, provide the commissioner with a list of all nonnavigator assisters that it employs, supervises, or is affiliated…

628.98 Rules. The commissioner may promulgate any rules necessary to carry out the purposes of this subchapter. Notwithstanding s. 227.24 (1) (a) and (3), the commissioner may promulgate rules under this section as emergency rules under s. 227.24 without providing evidence that p…