Chapter Ins 4

Chapter Ins 4

FIRE AND ALLIED LINES INSURANCE

Ins 4.01   Interpretation and implementation of s. 632.05 (2), Stats.

Ins 4.08   Inland marine insurance exempt from filing requirements.

Ins 4.10   Wisconsin insurance plan.

Ins 4.01 Ins 4.01 Interpretation and implementation of s. 632.05 (2), Stats.

Ins 4.01(1) (1) Scope. Section 632.05, Stats., and this section apply to policies issued or renewed on or after November 29, 1979, which insure real property owned and occupied by the insured as a dwelling.

Ins 4.01(2) (2) Interpretations.

Ins 4.01(2)(a) (a) Seasonal dwellings. A dwelling used seasonally shall be considered as owned and occupied by the insured if it is not rented to a non-owner for any period of time.

Ins 4.01(2)(b) (b) Outbuildings. Outbuildings insured under the same policy as an owner-occupied dwelling are not subject to s. 632.05 (2), Stats.

Ins 4.01(2)(c) (c) Mobile homes. Mobile homes as defined in s. 66.0435 (1) (d), Stats., shall not be considered real property and shall not be subject to the requirements of s. 632.05 (2), Stats.

Ins 4.01(2)(d) (d) Multifamily units. A policy insuring multiple unit residential property, with at least one unit occupied by the owner shall be subject to s. 632.05 (2), Stats., if there are no more than 4 dwelling units on the property.

Ins 4.01(2)(e) (e) Combined commercial and residential properties. A policy insuring real property any part of which is used for commercial (non-dwelling) purposes other than on an incidental basis is not subject to s. 632.05 (2), Stats.

Ins 4.01 Note Note: In Seider v. Musser, 2000 WI 76, 236 Wis. 2d 211, 612 N.W.2d 659, the supreme court ruled that sub. (2) (e) is invalid.

Ins 4.01(2)(g) (g) Property under construction. Section 632.05 (2), Stats., shall not apply to a policy which insures real property under construction unless the property is completed and is occupied by the owner as a dwelling.

Ins 4.01(2)(h) (h) Operation of building laws. Real property owned and occupied by the insured which is partially destroyed but ordered destroyed under a fire ordinance or similar law shall be considered wholly destroyed for purposes of s. 632.05 (2), Stats.

Ins 4.01 History History: Cr. Register, April, 1981, No. 304, eff. 5-1-81; r. (2) (f), Register, March, 1983, No. 327, eff. 4-1-83; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1992, No. 436; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686.

Ins 4.08 Ins 4.08 Inland marine insurance exempt from filing requirements.

Ins 4.08(1) (1) Purpose. In accordance with s. 625.04, Stats., the purpose of this section is to exempt from the filing requirements of s. 625.13, Stats., all classes of inland marine risks.

Ins 4.08(2) (2) Scope. This section shall apply to inland marine insurance transacted under the authorization of s. Ins 6.75 (2) (a).

Ins 4.08(3) (3) Exempt classes. Insurers and rate service organizations are exempt from s. 625.13, Stats., in respect to the filing of rates and supplementary rate information for all classes of inland marine insurance.

Ins 4.08 History History: Cr. Register, December, 1969, No. 168, eff. 1-1-70; emerg. am. (2), eff. 6-22-76; am. (2), Register, September, 1976, No. 249, eff. 10-1-76; am. (2), Register, March, 1979, No. 279, eff. 4-1-79; r. (3) (a) 1. to 38., Register, August, 1981, No. 308, eff. 9-1-81; am. (1), (2), and (3) (a) (intro.), Register, June, 1986, No. 366, eff. 7-1-86.

Ins 4.10 Ins 4.10 Wisconsin insurance plan.

Ins 4.10(1) (1) Purpose. This section is intended to implement and interpret s. 619.01, Stats., for the purpose of establishing procedures and requirements for a mandatory risk sharing facility for basic property insurance coverage. This section is also intended to encourage improvement of and reasonable loss prevention measures for properties located in Wisconsin and to further orderly community development.

Ins 4.10(2) (2) Scope. This section shall apply to all insurers included in sub. (3) (d) except those organized under ch. 612, Stats., assessment mutual insurance companies and insurers who write reinsurance only.

Ins 4.10(3) (3) Definitions.

Ins 4.10(3)(a) (a) “Basic property insurance” means the insurance coverages described in subds. 1. and 3. against direct loss to real and tangible property at a fixed location. The Plan may use customary policy forms and endorsements to effect coverage contemplated by this paragraph. Other coverage may be added to the Plan by endorsement or policy provision upon approval by the commissioner.

Ins 4.10(3)(a)1. 1. Coverage provided in the customary fire policy and in the customary extended coverage as authorized by s. Ins 6.75 (2) (a).

Ins 4.10(3)(a)3. 3. Coverage at least equivalent to that provided in a modified coverage form homeowners policy.

Ins 4.10(3)(b) (b) “Farm risks” means all buildings and their contents whether occupied by the owner or by an employee or by a tenant, located on or used in connection with land devoted to any one or more of the following purposes and where gross annual receipts from those purposes are in excess of $5,000:

Ins 4.10(3)(b)1. 1. Cultivation of the soil

Ins 4.10(3)(b)2. 2. Rearing or keeping of livestock or poultry

Ins 4.10(3)(b)3. 3. Producing fruit, grain, vegetables, hay or other produce

Ins 4.10(3)(c) (c) “Habitational risks” means:

Ins 4.10(3)(c)1. 1. Dwellings, permanent or seasonal, designed for occupancy by not more than 4 families or containing not more than 4 apartments.

Ins 4.10(3)(c)4. 4. Private outbuildings used in connection with any of the foregoing.

Ins 4.10(3)(c)5. 5. Trailer homes at a fixed location.

Ins 4.10(3)(c)6. 6. Household and personal property in risks described in subds. 1 through 5.

Ins 4.10(3)(c)7. 7. Tenants’ contents in apartment houses.

Ins 4.10(3)(d) (d) “Insurer” means any insurance company authorized to transact in this state on a direct basis basic property insurance, including the property insurance components of multi-peril policies.

Ins 4.10(3)(e) (e) “Location” means a single building and its contents or contiguous buildings and their contents under one ownership.

Ins 4.10(3)(f) (f) “Manufacturing risks” means those risks eligible to be written under the customary manufacturing business interruption policy forms approved by the commissioner. The following are not considered manufacturing risks:

Ins 4.10(3)(f)1. 1. Dry cleaning and laundering—Carpet, rug, furniture, or upholstery cleaning; diaper service or infants’ apparel laundries; dry cleaning; laundries; linen supply.

Ins 4.10(3)(f)2. 2. Installation, servicing and repair—Electrical equipment; electronic equipment; glazing; household furnishings and appliances; office machines; plumbing, heating and air conditioning; protective systems for premises, vaults and safes.

Ins 4.10(3)(f)3. 3. Laboratories—Blood banks; dental laboratories; medical or x-ray laboratories.

Ins 4.10(3)(f)4. 4. Duplicating and similar services—Blue printing and photocopying services; bookbinding; electrotyping; engraving; letter service (mailing or addressing companies); linotype or hand composition; lithographing; photo engraving; photo finishing; photographers (commercial).

Ins 4.10(3)(f)5. 5. Warehousing—Cold storage (locker establishments); warehouse, cold storage; warehouse, furniture or general merchandise.

Ins 4.10(3)(f)6. 6. Miscellaneous—Barber shops; beauty parlors; cemeteries; dog kennels; electroplating; equipment rental (not contractors’ equipment); film and tape rental; funeral directors; galvanizing, tinning, and detinning; radio broadcasting, commercial wireless and television broadcasting; taxidermists; telephone or telegraph companies; textiles (bleaching, dyeing, mercerizing or finishing of property of others); veterinarians and veterinary hospitals.

Ins 4.10(3)(g) (g) “Motor vehicles” means vehicles which are self-propelled.

Ins 4.10(3)(h) (h) “Weighted premiums written” means:

Ins 4.10(3)(h)1. 1. Gross direct premiums less return premiums, dividends paid or credited to policyholders, or the unused or unabsorbed portions of premium deposits, with respect to property in this state excluding premiums on risks insured under the Plan, for basic property insurance, for homeowners multiple peril policies, and for the basic property insurance premium components of all other multiple peril policies.

Ins 4.10(3)(h)2. 2. In addition, 100% of the premiums obtained for homeowners multiple peril policies shall be added to 100% of the premiums obtained for basic property insurance and the basic property insurance premium components of all other multiple peril policies. The basic year for the computation shall be the second preceding calendar year.

Ins 4.10(3)(i) (i) “The Wisconsin Insurance Plan,” in this section referred to as the Plan, means the nonprofit, unincorporated mandatory risk-sharing facility established by this section to provide for basic property insurance and to assist applicants in securing basic property insurance.

Ins 4.10(4) (4) Eligible risks.

Ins 4.10(4)(a) (a) All risks at a fixed location shall be eligible for inspection and considered for insurance under the Plan except motor vehicles, farm risks, and manufacturing risks as defined in sub. (3) (b), (f), and (g).

Ins 4.10(4)(b) (b) The maximum limits of coverage for the type of basic property insurance defined in sub. (3) (a) 1. which may be placed under the Plan are $350,000 on the dwelling and $175,000 on personal property for any habitational risk at one location and $500,000 on any other eligible risk.

Ins 4.10(4)(d) (d) The maximum limits of coverage for the type of basic property insurance defined in sub. (3) (a) 3. which may be placed under the Plan are $350,000 on the dwelling with the customary percentage limits for other structures, personal property and loss of use and $100,000 on personal liability and $1,000 medical payments to others for any risk at one location.

Ins 4.10(5) (5) Membership.