Chapter Ins 50

Ins 50.17(3) (3) In lieu of the management’s report of internal control over financial reporting, an insurer or a group of insurers may file a report described in sub. (4) if any of the following criteria are applicable:

Ins 50.17(3)(a) (a) The insurer is directly subject to Section 404.

Ins 50.17(3)(b) (b) The insurer is part of a holding company system whose parent is directly subject to Section 404.

Ins 50.17(3)(c) (c) The insurer is not directly subject to Section 404 but is a SOX Compliant Entity.

Ins 50.17(3)(d) (d) The insurer is a member of a holding company system whose parent is not directly subject to Section 404 but is a SOX Compliant Entity.

Ins 50.17(4) (4) An insurer qualifying under sub. (3) may file its or its parent’s Section 404 report and an addendum in satisfaction of the requirements under sub. (1) or (2), provided that the internal controls of the insurer or group of insurers having a material impact on the preparation of the insurer’s or group of insurer’s audited statutory financial statements, those items included in s. Ins 50.06 (2) (b) to (3), were included in the scope of the Section 404 report. The addendum shall be a positive statement by management that there are no material processes with respect to the preparation of the insurer’s or group of insurers’ audited statutory financial statements, those items included in s. Ins 50.06 (2) (b) to (3), excluded from the Section 404 report. If there are internal controls of the insurer or group of insurers that have a material impact on the preparation of the insurer’s or group of insurers’ audited statutory financial statements and those internal controls were not included in the scope of the Section 404 report, the insurer or group of insurers may either file:

Ins 50.17(4)(a) (a) A management’s report of internal control over financial reporting pursuant to sub. (1) or (2); or

Ins 50.17(4)(b) (b) The Section 404 report and a management’s report of internal control over financial reporting for those internal controls that have a material impact on the preparation of the insurer’s or group of insurers’ audited statutory financial statements not covered by the Section 404 report.

Ins 50.17(5) (5) Management’s report of internal control over financial reporting shall include:

Ins 50.17(5)(a) (a) A statement that management is responsible for establishing and maintaining adequate internal control over financial reporting.

Ins 50.17(5)(b) (b) A statement that management has established internal control over financial reporting and an assertion to the best of management’s knowledge and belief, after diligent inquiry, as to whether its internal control over financial reporting is effective to provide reasonable assurance regarding the reliability of financial statements in accordance with statutory accounting principles.

Ins 50.17(5)(c) (c) A statement that briefly describes the approach or processes by which management evaluated the effectiveness of its internal control over financial reporting.

Ins 50.17(5)(d) (d) A statement that briefly describes the scope of work that is included and whether any internal controls were excluded.

Ins 50.17(5)(e) (e) Disclosure of any unremediated material weaknesses in the internal control over financial reporting identified by management as of December 31 immediately preceding. Management may not conclude that the internal control over financial reporting is effective to provide reasonable assurance regarding the reliability of financial statements in accordance with statutory accounting principles if there is one or more unremediated material weaknesses in its internal control over financial reporting.

Ins 50.17(5)(f) (f) A statement regarding the inherent limitations of internal control systems.

Ins 50.17(5)(g) (g) Signatures of the chief executive officer and the chief financial officer, or equivalent position or title.

Ins 50.17(6) (6) Management shall document and make available upon financial condition examination the basis upon which its assertions required in this section are made. Management may base its assertions, in part, upon its review, monitoring and testing of internal controls undertaken in the normal course of its activities.

Ins 50.17(6)(a) (a) Management shall have discretion as to the nature of the internal control framework used, and the nature and extent of documentation, in order to make its assertion in a cost effective manner and, as such, may include assembly of or reference to existing documentation.

Ins 50.17(6)(b) (b) Management’s report on internal control over financial reporting, required by this section, and any documentation provided in support thereof during the course of a financial condition examination, shall be kept confidential.

Ins 50.17 History History: CR 08-053: cr. Register December 2008 No. 636, eff. 1-1-09.

Ins 50.18 Ins 50.18 Exemptions and effective dates.

Ins 50.18(1) (1) The commissioner may grant an exemption from compliance with this subchapter if the commissioner finds that compliance would constitute a financial or organizational hardship upon the insurer, except as provided in ss. Ins 50.08 (2), (9) (a) and 50.15 (9).

Ins 50.18(2) (2) An exemption may be granted at any time and from time to time for a specified period.

Ins 50.18(3) (3) Subject to subs. (6) and (7), this subchapter shall apply to domestic insurers retaining a certified public accountant on the effective date of this subsection who qualifies as independent, for the year ending December 31, 2008, and each year thereafter.

Ins 50.18(4) (4) Section Ins 50.08 (3) to (9) shall apply to domestic insurers not retaining a certified public accountant on the effective date of this subsection who qualifies as independent, for the year ending December 31, 2009, and each year thereafter.

Ins 50.18(5) (5) Sections Ins 50.08 (3) to (9), 50.11 (5), 50.12 (2) and 50.16 shall apply to foreign and alien insurers otherwise subject to this subchapter for the year ending December 31, 2010, and each year thereafter.

Ins 50.18(6) (6) The requirements of s. Ins 50.15 are effective January 1, 2010. An insurer or group of insurers that is not required to have independent audit committee members or only a majority of independent audit committee members, as opposed to a supermajority, because the total written and assumed premium is below the threshold, and subsequently becomes subject to one of the independence requirements due to changes in premium shall have one year following the year the threshold is exceeded, but not earlier than January 1, 2010, to comply with the independence requirements. An insurer that becomes subject to one of the independence requirements as a result of a business combination shall have one calendar year following the date of acquisition or combination to comply with the independence requirements.

Ins 50.18(7) (7) The requirements of s. Ins 50.17 are effective beginning with the reporting period ending December 31, 2010, and each year thereafter. An insurer or group of insurers that is not required to file a report because the total written and assumed premium is below the threshold and subsequently becomes subject to the reporting requirements shall have 2 years following the year the threshold is exceeded, but not earlier than December 31, 2010, to file a report. An insurer acquired in a business combination shall have 2 calendar years following the date of acquisition or combination to comply with the reporting requirements.

Ins 50.18(8) (8) The requirements of s. Ins 50.155 first apply on January 1, 2018. If an insurer or group of insurers that was exempt under s. Ins 50.155 (1) no longer qualifies for such exemption, it shall have one year following the year the threshold is exceeded to comply with the internal audit requirements.

Ins 50.18 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93; CR 08-053: renum. from Ins 50.16, am. (title) and (1), cr. (3) to (7) Register December 2008 No. 636, eff. 1-1-09; CR 17-015: cr. (8) Register December 2017 No. 744, eff. 1-1-18.

Ins 50.19 Ins 50.19 Canadian and British companies.

Ins 50.19(1) (1) In the case of Canadian and British insurers, for the purpose of this subchapter the annual audited financial report shall be defined as the annual statement of total business on the form filed by the insurers with their domiciliary supervisory authority duly audited by an independent chartered accountant.

Ins 50.19(2) (2) For Canadian and British insurers, the letter required in s. Ins 50.07 shall state that the accountant is aware of the requirements relating to the annual audited statement filed with the commissioner under s. Ins 50.05 and shall affirm that the opinion expressed is in conformity with those requirements.

Ins 50.19 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93; CR 08-053: renum. from Ins 50.17 Register December 2008 No. 636, eff. 1-1-09.

subch. II of ch. Ins 50 Subchapter II — Annual Financial Statements

Ins 50.20 Ins 50.20 Insurers to file annual financial statements.

Ins 50.20(1) (1) An insurer shall file an annual financial statement with the commissioner. Except as otherwise required by law, rule, order or instruction of the commissioner, an insurer shall file the annual financial statement:

Ins 50.20(1)(a) (a) On the national association of insurance commissioners annual statement blank appropriate for the lines of business the insurer is authorized to write, except an insurer licensed under ch. 612, Stats., may file on the town mutual annual statement blank prescribed by the commissioner; and

Ins 50.20(1)(b) (b) Prepared in accordance with the national association of insurance commissioners annual statement instructions and the accounting practices or procedures prescribed or permitted by the applicable national association of insurance commissioners accounting practices and procedures manual except an insurer licensed under ch. 612, Stats., shall prepare the statement as prescribed by the commissioner.

Ins 50.20(2) (2) Insurers shall file the annual statement required under sub. (1) by March 1, except insurers organized under ch. 612, Stats., shall file by February 15 and the commissioner may prescribe a different date for individual insurers.

Ins 50.20 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Ins 50.25 Ins 50.25 Insurers to file with the national association of insurance commissioners.

Ins 50.25(1) (1) This section applies to all licensed insurers, except:

Ins 50.25(1)(a) (a) Those categories of insurers whose annual or quarterly statements the national association of insurance commissioners does not collect on the date filing is required, unless otherwise required by the commissioner;

Ins 50.25(1)(b) (b) An insurer organized under ch. 612, Stats., unless otherwise ordered by the commissioner; and

Ins 50.25(1)(c) (c) Insurers the commissioner exempts after finding an exemption is in the public interest.

Ins 50.25(2) (2) An insurer shall annually on or before March 1 file with the national association of insurance commissioners a copy of the annual statement it is required to file under s. Ins 50.20 and any supplemental information which the commissioner requires to included with the annual statement. The insurer shall include with the copy a signed jurat page and actuarial certificate and shall also file copies of any subsequent amendments or addendums filed with the commissioner with the national association of insurance commissioners.

Ins 50.25(3) (3) An insurer shall file a quarterly financial statement with and in the form prescribed by the national association of insurance commissioners within 45 days of the end of each quarter.

Ins 50.25(4) (4) An insurer shall file the information required under sub. (2) or (3) in the form of media prescribed by the national association of insurance commissioners.

Ins 50.25 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Ins 50.30 Ins 50.30 Actuarial opinion required.

Ins 50.30(1) (1) An insurer shall file with the annual financial statement required under s. Ins 50.20 a statement of actuarial opinion from a qualified actuary in accordance with the appropriate national association of insurance commissioners annual statement instructions.

Ins 50.30(2) (2) A domestic property and casualty insurer required to file an actuarial opinion under sub. (1) shall do all of the following:

Ins 50.30(2)(a) (a) Submit an actuarial opinion summary, written by the insurer’s appointed actuary, with the financial statement and actuarial opinion. The actuarial opinion summary shall be filed in accordance with the appropriate national association of insurance commissioners property and casualty annual statement instructions and shall be considered as a document supporting the actuarial opinion required in sub. (1).

Ins 50.30(2)(b) (b) Prepare an actuarial report and supporting work papers as required by the appropriate national association of insurance commissioners property and casualty annual statement instructions to support each actuarial opinion. The office of the commissioner of insurance may require the insurer to file the actuarial report or supporting work papers. The insurer is required to file the actuarial report or supporting work papers only if the insurer is asked to do so by the office of the commissioner of insurance.

Ins 50.30(3) (3) An insurer licensed but not domiciled in this state shall provide the office of the commissioner of insurance an actuarial opinion summary and actuarial report and supporting work papers described under sub. (2) upon request.

Ins 50.30(4) (4) 

Ins 50.30(4)(a) (a) Nothing in this section restricts the office of the commissioner of insurance from engaging a qualified actuary under s. 601.42 (7) or 601.43, Stats., at the expense of the insurer to review the actuarial opinion filed under sub. (1) and the basis for the opinion or to review or to prepare or create the actuarial opinion, actuarial report or supporting work papers.

Ins 50.30(4)(b) (b)

Ins 50.30(4)(b)1. 1. The office of the commissioner of insurance under subs. (2) and (3) requires filing of documents, materials or other information pursuant to s. 601.42, Stats. Documents, materials or other information in the possession or control of the office of the commissioner of insurance that are considered an actuarial report, supporting work papers or actuarial opinion summary provided in support of the actuarial opinion, and any other material provided by the insurer to the office of the commissioner of insurance in connection with the actuarial report, supporting work papers or actuarial opinion summary, are subject to s. 601.465, Stats. The office of the commissioner of insurance, under s. 601.465, Stats., may refuse to disclose and prevent any person from disclosing, the documents, material or other information in response to a request for production, deposition, subpoena, or otherwise.

Ins 50.30(4)(b)2. 2. Subdivision 1. may not be construed to limit the commissioner’s authority to release the documents, material or other information, including to an actuarial board for counseling and discipline, nor may this section be construed to limit the commissioner’s authority to use the documents, materials or other information in furtherance of any regulatory or legal action brought as part of the commissioner’s official duties.

Ins 50.30(4)(b)3. 3. Nothing in this section restricts the commissioner from doing any of the following:

Ins 50.30(4)(b)3.a. a. Sharing the documents, materials or other information subject to subd. 1. with state, local, federal and international regulatory agencies, with the national association of insurance commissioners and its affiliates and subsidiaries, or with state, local, federal and international law enforcement authorities.

Ins 50.30(4)(b)3.b. b. Receiving documents, materials or information, from the national association of insurance commissioners and its affiliates and subsidiaries, or from state, local, federal and international regulatory agencies or law enforcement, and treating those documents, materials and information as confidential as permitted under s. 601.465, Stats.

Ins 50.30(5) (5) This section may be enforced under ss. 601.41, 601.64, 601.65, Stats., or ch. 645, Stats., or any other enforcement provision of chs. 600 to 646, Stats.

Ins 50.30 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93; CR 05-066: rn. to be (1) and am., cr. (2) to (5) Register January 2006 No. 601, eff. 2-1-06.

subch. III of ch. Ins 50 Subchapter III — Examinations

Ins 50.50 Ins 50.50 Examinations.

Ins 50.50(1) (1) The commissioner may determine the nature, scope and frequency of examinations under s. 601.43, Stats., except at a minimum every insurer licensed in this state shall be examined every 5 years, unless it is a limited service health organization, town mutual, a gift annuity licensee under ch. 615, Stats., motor club, warranty plan, or an insurer exempted under s. 610.49, 1981 stats.

Ins 50.50 Note Note: Chapter 615, Stats., was repealed by 2013 Wisconsin Act 271

Ins 50.50(2) (2) Factors the commissioner may consider in determining the scheduling of an examination include, but are not limited to, results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants, other criteria in the Examiners’ Handbook adopted by the national association of insurance commissioners, and the priority of conducting an examination of an insurer relative to other insurers.

Ins 50.50(3) (3) The commissioner may determine the nature and scope of an examination. An examination may, but need not, cover all aspects of the insurer’s assets, condition, affairs and operations, and may involve or be supplemented by review of audit procedures performed by accountants. Examinations may include, but are not limited to, the following types of examinations:

Ins 50.50(3)(a) (a) Compliance examinations which are a general review of the insurer’s corporate affairs and insurance operations to determine compliance with chs. 600 to 646, Stats. A compliance examination may consist of review of an accountant’s work papers or be supplemented by such a review.

Ins 50.50(3)(b) (b) Targeted examinations are limited to a review of specified areas. Areas that may be targeted may include, but are not limited to, life reserve valuations, claims analyses, organizational and capital changes, loss reserves or market conduct.

Ins 50.50(3)(c) (c) Comprehensive examinations which are complete examinations of the condition and affairs of the insurer.

Ins 50.50(4) (4) After the commissioner issues an adopted examination report, the insurer examined shall promptly file affidavits executed by each of its directors stating under oath that they have received a copy of the adopted report and related orders.

Ins 50.50(5) (5) The office of the commissioner of insurance, under s. 601.465, Stats., may refuse to disclose and prevent any person from disclosing, in response to a request for production, deposition, subpoena, or otherwise, information obtained from the national association of insurance commissioners or another insurance department under pledge of confidentiality or for the purpose of conducting an investigation or examination or obtained, produced or created in the course of an inquiry under s. 601.42, Stats., or examination under s. 601.43, Stats. This privilege applies to information obtained, produced or created before or after the effective date of s. 601.465, Stats., and regardless of whether an inquiry, investigation or examination has been concluded, except it does not apply to a document which is an adopted examination report. An adopted examination report is available for public inspection as required under s. 601.44 (6), Stats. The office or the commissioner may disclose the content of an examination report, preliminary examination report or results, or any matter relating a report or the results of an examination to further legal or regulatory action, or to the insurance department of any other state or country or to law enforcement officials of this or any other state or agency of the federal government, so long as the department, agency or office agrees in writing to hold it confidential. 

Ins 50.50 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Ins 50.55 Ins 50.55 Examination of foreign and alien insurers.

Ins 50.55(1) (1) The commissioner may accept, under s. Ins 50.50, an examination report on a licensed foreign or alien insurer which is prepared by the insurance department for the insurer’s state of domicile until December 31, 1993. After December 31, 1993, an examination report from the insurance department of the insurer’s state of domicile may only be accepted if:

Ins 50.55(1)(a) (a) The insurance department is at the time of the examination accredited under the National Association of Insurance Commissioners’ Financial Regulation Standards and Accreditation Program; or

Ins 50.55(1)(b) (b) The examination is performed under the supervision of an accredited insurance department or with the participation of one or more examiners who are employed by an accredited state insurance department and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department.

Ins 50.55(2) (2) A foreign or alien insurer shall file written notice with the commissioner if it has not received an examination call for an examination which will be acceptable under this section for the determination of the financial condition of the insurer within 4 years after the date for which the last examination of the insurer examined the financial condition of the insurer.

Ins 50.55 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93.

subch. IV of ch. Ins 50 Subchapter IV — Actuarial Opinion

Ins 50.60 Ins 50.60 Definitions. In this chapter, “qualified actuary” means a member in good standing of the American academy of actuaries unless disqualified by a standard or determination of the commissioner.

Ins 50.60 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96.

Ins 50.65 Ins 50.65 Actuarial opinion required.

Ins 50.65(1) (1) For each year ending on or after December 31, 1996, every life insurance company doing business in this state shall submit to the commissioner, with its annual statement due by March 1 of the following year, an opinion by a qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified by the commissioner satisfy all of the following: