Wisconsin Legislature: Ins 6.25(2)

Ins 6.20(8)(i)(i) For a company authorized to transact a title insurance business, materials and plant necessary for the convenient transaction of business — not exceeding 50% of minimum capital or 5% of assets, whichever is greater;

Ins 6.20(8)(L)(L) Direct obligations of the international bank for reconstruction and development, the inter-American development bank, the African development bank and the Asian development bank but the aggregate of such investments shall not exceed 2% of the insurer’s assets;

Ins 6.20(8)(n)(n) Shares of investment companies or investment trusts registered under the Federal Investment Company Act of 1940, 15 USC 80a-1 et seq., as amended — regarded as part of the common stock portfolio of the insurer.

Ins 6.20(8g)(8g) Foreign investments. An insurer, and in the case of insurers that are subject to special restrictions under s. 620.03, Stats., in accordance with any other rules applicable to them, may invest in foreign investments, in addition to investments authorized by s. 620.22 (1) to (7), Stats., that meet the following criteria and limitations:

Ins 6.20(8g)(a)(a) An insurer with assets less than $500,000,000 as of the financial statement filing date may invest up to 1% of assets in direct obligations of foreign governments.

Ins 6.20(8g)(b)(b) An insurer with assets equal to at least $500,000,000 as of the financial statement filing date may invest up to 4% of assets in direct obligations of foreign governments that at the time of purchase have a 1 or 2 designation from the national association of insurance commissioners, or equivalent ratings by a NRSRO and, in addition, up to 1% of assets in the direct obligations of foreign governments without regard to ratings.

Ins 6.20(8g)(c)(c) An insurer with assets less than $500,000,000 as of the financial statement filing date may invest up to 2% of assets in loans, securities or investments of foreign issuers which are of substantially the same kinds, classes and investment grades as those eligible for investment under ch. 620, Stats., and supplementary rules.

Ins 6.20(8g)(d)(d) An insurer with assets equal to at least $500,000,000 as of the financial statement filing date may invest up to 8% of assets in loans, securities or investments of foreign issuers which are substantially the same kinds, classes and investment grades as those eligible for investment under ch. 620, Stats, and supplementary rules.

Ins 6.20(8g)(e)(e) All investments in a foreign country, foreign government, and foreign issuers are subject to all of the following aggregate limits:

Ins 6.20(8g)(e)1.1. All investments in a single foreign country, 4% of assets.

Ins 6.20(8g)(e)2.2. All investments of a single foreign issuer and its foreign issuer affiliates, 3% of assets.

Ins 6.20(8g)(e)3.3. All investments denominated in a single foreign currency, 5% of assets excluding investments under par. (f).

Ins 6.20(8g)(f)(f) An insurer doing business in a foreign country may invest in assets in that foreign country, or in that country’s currency, that are needed to meet the insurer’s obligations, provided the investment would be permitted if made in this state.

Ins 6.20(8g)(g)(g) An insurer are responsible for monitoring their compliance with individual and aggregate limitations on all investments in a foreign country, foreign government, and foreign issuer, including such investments held indirectly through mutual funds, and must maintain a record of all such investments, which shall be reconciled at least quarterly and be available for production upon the request of the commissioner.

Ins 6.20(8r)(8r) Derivative instruments. An insurer, and in the case of an insurer that is subject to special restrictions under s. 620.03, Stats., to the extent other rules are applicable to them, may invest in derivative instruments in addition to investments authorized by s. 620.22 (1) to (7), Stats., provided all of the following requirements are met:

Ins 6.20(8r)(a)(a) Derivative instrument contracts shall be entered into to protect the investment portfolio of an insurer against the risk of changing asset values or interest rates, to enhance its liquidity, to aid in cash flow management, as a substitute for cash market transactions, and for any other purpose consistent with the investment objectives for the assets of an insurer stated in s. 620.01, Stats.

Ins 6.20(8r)(b)(b) The aggregate market value of all derivative instruments outstanding may not exceed 10% of the insurer’s assets.

Ins 6.20(8r)(c)(c) An insurer may purchase put options or sell call options only with regard to derivative instruments or financial instruments owned by the insurer, or which may be obtained through the exercise of warrants or conversion rights held by the insurer.

Ins 6.20(8r)(d)(d) An insurer may purchase call options or sell put options on derivative instruments or financial instruments only if the amount of the instrument, which may be acquired upon exercise of the option, when aggregated with current holdings, would be an authorized investment under s. 620.22 (1) to (7), Stats., or this subsection, and would not exceed the limitations specified in s. 620.23, Stats., or this section.

Ins 6.20(8r)(e)(e) The board of directors or its authorized committee shall first approve the insurer’s plan relating to such investments, which plan must contain specific policy objectives and strategies, establish aggregate maximum limits in such investments and internal control procedures, and identify the duties, expertise and limits of authority of personnel authorized by the board of directors to engage in such transactions on behalf of the insurer.

Ins 6.20(8r)(f)(f) A copy of the insurer’s plan shall be filed with the commissioner 30 days prior to its effective date. The commissioner may disapprove the plan within the 30-day period after receipt.

Ins 6.20(9)(9) Changes in qualification of investments. Any investment originally made under s. 620.22 (9), Stats., may thereafter be considered as falling within any other class of investment for which it subsequently qualifies.

Ins 6.20(10)(10) Valuation.

Ins 6.20(10)(a)(a) General. Security valuations contained in “Valuations of Securities”, issued by the Committee on Valuation of Securities of the National Association of Insurance Commissioners, will be followed in implementing this chapter.

Ins 6.20(10)(b)(b) Insurance policies. Insurance policies purchased under sub. (8) (g) will be valued at their cash surrender value.

Ins 6.20(10)(c)(c) Claims and demands guaranteed by insurer. When an insurer authorized to sell credit insurance purchases, under sub. (8) (h), claims and demands it has guaranteed, it shall value them at face value or at cost, whichever is less, and shall set up a separate and adequate “loss reserve for guaranteed claims purchased” in an amount satisfactory to the commissioner.

Ins 6.20 HistoryHistory: Cr. emerg. eff. 5-2-72; cr. Register, July, 1972, No. 199, eff. 8-1-72; am. (5) (a) 1., Register, October, 1974, No. 226, eff. 11-1-74; r. and recr. (5) (g), cr. (6) (c), Register, December, 1974, No. 228, eff. 1-1-75; emerg. am. (6) (a), eff. 6-22-76, am. (6) (a), Register, September, 1976, No. 249, eff. 10-1-76; am. (8) (intro.), (b), (c), (e), (j), (k) and (l), Register, August, 1981, No. 308, eff. 9-1-81; reprinted to correct printing error in (8) (f), Register, March, 1983, No. 327; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1984, No. 348; renum. (3) (a) to (e) to be (3) (e) to (h) and (j), cr. (3) (a) to (d), (i), (4) (c) and (8) (o), am. (4) (a) and (b) and (8) (n), Register, April, 1987, No. 376, eff. 5-1-87; am. (8) (l), Register, October, 1990, No. 418, eff. 11-1-90; corrections in (4) (b) and (6) (b) 3. made under s. 13.93 (2m) (b) 5. and 7., Stats., Register, April, 1992, No. 436; renum. (3) (f) to (j) to be (3) (g) to (k), cr. (3) (f), (L), (6) (d) to (h), am. (5) (intro.), (6) (a), r. and recr. (5) (g), (6) (b), (c), Register, December, 1996, No. 492, eff. 1-1-97; CR 20-002: r. (3) (a), cr. (3) (am), r. (3) (b), (d), cr. (3) (ee), (em), (es), (hg), (hr), r. (3) (j), am. (4), (5) (intro.), (a) (intro.), r. and recr. (5) (a) 1., am. (5) (a) 2. to 5., cr. (6) (a) (title), am. (6) (b) (intro.), 1. to 5., cr. (6) (b) 5g., 5r., am. (6) (b) 6., (c) (title), 1., 2., cr. (6) (d) (title), r. (6) (d) 3. (intro.), renum. (6) (d) 3. a. to c. to (6) (d) 3c., 3g., 3L and am. (6) (d) 3g., 3L., cr. (6) (d) 3p., 3t., 3x., r. (6) (d) 5., 8., am. (6) (d) 9., cons. (6) (e) (title), (intro.), 1., 2., renum. to (6) (e) and am., r. (6) (e) 3., am. (6) (f) (intro.), 1., cr. (6) (f) 3. to 5., r. and recr. (6) (g), cr. (6) (h) 4., (i), r. (8) (j), (k), (m), (o), cr. (8g), (8r) Register August 2020 No. 776, eff. 9-1-20; correction in (3) (am), (6) (h) 4. c., made under s. 35.17, Stats., Register August 2020 No. 776; republished to correct an error in transcription in (8) and correction in (8) (n) made under s. 35.17, Stats., Register October 2020 No. 778.

Ins 6.25Ins 6.25 Joint underwriting and joint reinsurance associations.

Ins 6.25(1)(1) Purpose. This section, pursuant to s. 625.04, Stats., is intended to encourage an active, economical and efficient insurance market; to provide for the regulation of marketing practices; and to exempt certain insurers and organizations from the provisions of s. 625.33, Stats., with respect to joint underwriting or joint reinsurance.

Ins 6.25(2)(2) Scope. Subsection (3) applies to joint underwriting and joint reinsurance involving the insurance of risks associated with:

Ins 6.25(2)(a)(a) Nuclear energy.

Ins 6.25(2)(b)(b) Commercial aircraft.

Ins 6.25(2)(c)(c) Aircraft products liability.

Ins 6.25(2)(d)(d) Crude oil production and processing.

Ins 6.25(2)(e)(e) Municipal bonds.

Ins 6.25(2)(f)(f) Commercial property policies insuring property damage, business interruption, extra expense, rents and other time element coverages, for any policy whose total property damage limit is an amount not less than $50,000,000.

Ins 6.25(2)(g)(g) Excess and umbrella liability with limits in excess of $25 million to risks with underlying coverage or self-insured for a minimum of $25 million.

Ins 6.25(3)(3) Persons exempted. If any of the following joint underwriting associations and joint reinsurance associations is licensed as a rate service organization under s. 625.32, Stats., each insurer-member thereof shall be exempted from the provisions of s. 625.33, Stats., with respect to agreements between or among insurer-members to adhere to certain rates and rules in providing insurance or reinsurance as members of such association:

Ins 6.25(3)(a)(a) Aircraft products insurance association

Ins 6.25(3)(b)(b) Industrial risk insurers

Ins 6.25(3)(c)(c) Mutual atomic energy liability underwriters

Ins 6.25(3)(d)(d) Mutual atomic energy reinsurance pool

Ins 6.25(3)(e)(e) American nuclear insurers

Ins 6.25(3)(f)(f) Nuclear energy property insurance association

Ins 6.25(3)(g)(g) Municipal bond insurance association

Ins 6.25(3)(h)(h) American excess insurance association.

Ins 6.25(4)(4) Limitation on membership disciplinary action. No person may impose any penalty or other adverse consequence for failure of any insurer to adhere to the rates or rules of any joint underwriting association or joint reinsurance association of which the insurer is a member, except termination of or expulsion of the insurer from membership in the association.

Ins 6.25(5)(5) Penalty. Violations of this section shall be subject to s. 601.64, Stats.

Ins 6.25 HistoryHistory: Cr. Register, September, 1973, No. 213, eff. 10-1-73; am. (2) and (3), Register, August, 1974, No. 224, eff. 9-1-74; am. (3) (e), Register, May, 1975, No. 233, eff. 6-1-75; am. (3), Register, February, 1976, No. 242, eff. 3-1-76; am. (3) (e), Register, November, 1978, No. 275, eff. 12-1-78; cr. (2) (f), Register, January, 1983, No. 325, eff. 2-1-83; emerg. cr. (2) (g) and (3) (h), eff. 12-12-86; am. (1), (2) (intro.) to (e), (4) and (5), cr. (2) (g) and (3) (h), Register, May, 1987, No. 377, eff. 6-1-87.

Ins 6.30Ins 6.30 Instructions for uniform classifications of expenses of fire and marine and casualty and surety insurers. For the purpose of establishing uniformity in classifications of expenses of fire and marine and casualty and surety insurers recorded in statements and reports filed with and statistics reported to the commissioner of insurance, all such insurers shall observe the instructions set forth below. These instructions shall not apply to single line accident and health insurance companies, assessment accident and health associations, hospital and medical service or indemnity organizations, single line title insurance companies, or town mutual insurance companies.

Ins 6.30(1)(1) Part I.

Ins 6.30(1)(a)(a) List of operating expense classifications for annual statement purposes for fire and marine and casualty and surety insurers.

Ins 6.30(1)(a)1.1. Claim Adjustment Services:

Ins 6.30(1)(a)1.a.a. Direct

Ins 6.30(1)(a)1.b.b. Reinsurance Assumed

Ins 6.30(1)(a)1.c.c. Reinsurance Ceded

Ins 6.30(1)(a)2.2. Commission and Brokerage:

Ins 6.30(1)(a)2.a.a. Direct

Ins 6.30(1)(a)2.b.b. Reinsurance Assumed

Ins 6.30(1)(a)2.c.c. Reinsurance Ceded

Ins 6.30(1)(a)2.d.d. Contingent-Nete. Policy and Membership Fees

Ins 6.30(1)(a)3.3. Allowances to Managers and Agents