Chapter Ins 6

Ins 6.74   Suretyship and risk limitations of surety obligations.

Ins 6.75   Classifications of insurance.

Ins 6.76   Grounds for disapproval of and authorized clauses for fire, inland marine and other property insurance forms.

Ins 6.77   Exemption from mid-term cancellation requirements.

Ins 6.78   Exemption from filing of rates.

Ins 6.785   Exemption from rate and form filing requirements.

Ins 6.79   Advisory councils and committees.

Ins 6.80   Retention of records.

Ins 6.85   Notification of a person’s right to file a complaint with the commissioner.

Ins 6.90   Prohibited uses of senior-specific designations.

Ins 6.91   Definitions.

Ins 6.92   Individual navigators.

Ins 6.93   Registration of navigator entities.

Ins 6.95   Registration of certified application counselors, nonnavigator assisters and nonnavigator assister entities.

Ins 6.96   Prohibited business practices.

Ins 6.97   Navigator, nonnavigator assister, navigator entity, and nonnavigator assister entity records.

Ins 6.98   Prohibition of uses of designations.

Ins 6.99   Exemption.

Ins 6.01 Ins 6.01 Foreign company to operate 2 years before admission. Experience has demonstrated that until a company has engaged in the business of insurance for at least 2 years there is not a sufficient basis upon which to form a judgment as to whether its methods and practices in the conduct of its business are such as to safeguard the interests of its policyholders and the people of this state. Therefore, no application of a foreign insurance company or mutual benefit society for a license to transact business in Wisconsin will be considered until it has continuously transacted the business of insurance for at least 2 years immediately prior to the making of such application for license.

Ins 6.01 History History: 1-2-56.

Ins 6.02 Ins 6.02 Company to transact a kind of insurance 2 years before admission.

Ins 6.02(1) (1) Experience has demonstrated that until a company has engaged in a kind of insurance or in another kind of insurance of the same class for at least 2 years, there is not a sufficient basis upon which to form a judgment as to whether its methods and practices in the conduct of its business in such kind of insurance or another kind in the same class of insurance, are such as to safeguard the interests of its policyholders and the people of this state. Therefore, no application of a foreign insurance company or mutual benefit society for a license to transact a kind of insurance business in Wisconsin will be considered until it has continuously transacted that kind of insurance, or another kind of insurance in the same class of insurance as that for which it makes such application for at least 2 years immediately prior to making such application. For the purposes hereof, insurance is divided into kinds of insurance according to the provisions of s. Ins 6.75, each subsection setting forth a separate kind, and into classes of insurance upon the basis of and including the said kinds as follows:

Ins 6.02(1)(a) (a) Fire insurance includes the kinds in s. Ins 6.75 (2) (a).

Ins 6.02(1)(b) (b) Life insurance includes the kinds in s. Ins 6.75 (1) (a) and (b) but excluding all insurance on the health of persons other than that authorized in s. 627.06, Stats., and s. Ins 6.70.

Ins 6.02(1)(c) (c) Casualty insurance includes the kinds in s. Ins 6.75 (2) (c) through (n).

Ins 6.02(2) (2) Provided, however, that nothing herein shall preclude consideration of an application to transact the kind of insurance in s. Ins 6.75 (1) (c) or (2) (c) if the applicant company has transacted any of the kinds of insurance in s. Ins 6.75 (1) (a) and (b) or (2) (d), (e), (k) and (n) continuously for 2 years immediately prior to the making of application for license to transact the kind of insurance in s. Ins 6.75 (1) (c) or (2) (c).

Ins 6.02 History History: 1-2-56; emerg. am. eff. 6-22-76; am. Register, September, 1976, No. 249, eff. 10-1-76; am. Register, March, 1979, No. 279, eff. 4-1-79; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1997, No. 498.

Ins 6.03 Ins 6.03 Domestication of nondomestic insurer.

Ins 6.03(1) (1) Purpose. Under s. 611.223 (1) (a), Stats., a nondomestic insurer may apply to the commissioner to become a domestic insurer. In accordance with s. 611.223 (1) (b), Stats., this section specifies the contents of the application needed from a nondomestic insurer to obtain a certificate of incorporation and certificate of authority to be a domestic insurer.

Ins 6.03(2) (2) Scope. This section applies to each nondomestic insurer which submits to the commissioner under s. 611.223 (1) (a), Stats., an application for a certificate of incorporation and a certificate of authority for domestic insurers.

Ins 6.03(3) (3) Required contents of the application. The application for a certificate of incorporation and a certificate of authority shall be filed in accordance with s. 611.223 (1) (a), Stats., and shall include the following information:

Ins 6.03(3)(a) (a) Information on the corporation and officers and directors, including all of the following:

Ins 6.03(3)(a)1. 1. The names, and for the preceding 10 years all addresses and all occupations of all existing and proposed directors and officers;

Ins 6.03(3)(a)2. 2. Certified copies of the articles and bylaws of the corporation and of any proposed amendments thereto in conjunction with the change of domicile;

Ins 6.03(3)(a)3. 3. All agreements relating to the corporation to which any existing or proposed director or officer is a party;

Ins 6.03(3)(a)4. 4. The present and proposed compensation of existing and proposed directors and officers; and

Ins 6.03(3)(a)5. 5. The holding company information required in s. Ins 40.03 (3) if the insurer must report this information under s. 617.11 (1), Stats.

Ins 6.03(3)(b) (b) The applicant’s plan for conducting the insurance business, including any proposed changes to the applicant’s current manner of conducting the insurance business, containing all of the following information:

Ins 6.03(3)(b)1. 1. A description of the geographical area in which the applicant conducts business;

Ins 6.03(3)(b)2. 2. The types of insurance the applicant writes;

Ins 6.03(3)(b)3. 3. The applicant’s marketing methods;

Ins 6.03(3)(b)4. 4. A summary of the applicant’s policies on reinsurance business ceded, including information regarding retentions, maximum risks, types of contracts such as pro rata, excess of loss, and any other information which may be material to this part of the applicant’s operation;

Ins 6.03(3)(b)5. 5. A summary of the applicant’s policies on assumed reinsurance including information regarding retentions, maximum risks, types of business, types of contracts to be issued, and other factors which may be material to this part of the applicant’s operations;

Ins 6.03(3)(b)6. 6. A brief summary of the applicant’s investment policy;

Ins 6.03(3)(b)7. 7. The applicant’s annual statements for the three most recent years and a projection of the anticipated operating results of the corporation at the end of the next five years of operation, based on reasonable assumptions of loss experience, premium and other income, operating expenses and acquisition costs; and

Ins 6.03(3)(b)8. 8. To the extent requested by the commissioner, the applicant’s method of establishing premium rates.

Ins 6.03(3)(c) (c) A certificate from the authority which regulates the insurance industry in the applicant’s state of domicile, stating that the authority has given all requisite approvals and that the applicant’s corporation is in good standing with the authority and in compliance with the laws of the state of domicile; and

Ins 6.03(3)(d) (d) Any other relevant information required by the commissioner from an applicant.

Ins 6.03(4) (4) Application material; fees.

Ins 6.03(4)(a) (a) An insurer may obtain materials for application for a certificate of incorporation and certificate of authority by requesting them from the commissioner of insurance, P.O. Box 7873, Madison, Wisconsin 53707-7873.

Ins 6.03(4)(b) (b) In accordance with s. 601.31 (1) (a), Stats., an insurer shall submit a $100 fee to the commissioner at the same time that the insurer submits the application for the certificates of incorporation and authority.

Ins 6.03(5) (5) Issuance of certificate.

Ins 6.03(5)(a) (a) The commissioner shall issue within 180 days of receiving a completed application submitted in accordance with s. 611.223 (1) (a), Stats., a certificate of incorporation and a certificate of authority to the insurer submitting the application if the commissioner determines that the insurer satisfies the requirements of s. 611.223 (1) (a) 1. to 3., Stats. A failure by the commissioner to issue the certificate of incorporation and a certificate of authority within 180 days does not constitute acceptance of the application.

Ins 6.03(5)(b) (b) In accordance with s. 601.31 (1) (b), Stats., an insurer shall submit a $100 fee to the commissioner upon issuance of the certificate of incorporation and certificate of authority.

Ins 6.03 History History: Cr. Register, May, 1989, No. 401, eff. 6-1-89; correction in (3) (a) 5. made under s. 13.93 (2m) (b) 7., Stats., Register, February, 2000, No. 530.

Ins 6.05 Ins 6.05 Filing of insurance forms.

Ins 6.05(1) (1) Purpose. This section interprets and implements ss. 601.42, 631.20, 631.22 and 631.61, Stats.

Ins 6.05(2) (2) Scope. The requirements of this section shall apply to forms subject to s. 631.01, Stats., for the lines of insurance listed in s. Ins 6.75, except s. Ins 6.75 (2) (b) and (k).

Ins 6.05(3) (3) Definitions.

Ins 6.05(3)(a) (a) “Affiliated insurer” means an insurer which is a member or subscriber to a rate service organization licensed under s. 625.32, Stats., and which has authorized the rate service organization to file forms on its behalf.

Ins 6.05(3)(b) (b) “Certificate of compliance and readability” means a document in substantially identical format to Appendix A which is signed by an officer of the insurer.

Ins 6.05(3)(c) (c) “Certificate of readability” means a written statement signed by an officer of the insurer stating that the form is subject to s. Ins 6.07 and that the form meets the minimum standards set forth in that section.

Ins 6.05(3)(d) (d) “OCI” means the office of the commissioner of insurance.

Ins 6.05(3)(e) (e) “Submission” means a filing under s. 631.20, Stats., or any request received by the office of the commissioner of insurance for approval of a single form or combination of forms.

Ins 6.05(3)(f) (f) “Transmittal document” means a document substantially identical in format to the form established by standards adopted by the National Association of Insurance Commissioners (NAIC), on which an insurer shall list information about each form submitted for approval.

Ins 6.05 Note Note: A copy of the transmittal document may be obtained at no cost from the Office of the Commissioner of Insurance, P.O. Box 7873, Madison WI 53707-7873, or at the Office’s web address: oci.wi.gov.

Ins 6.05(4) (4) Filing procedure.

Ins 6.05(4)(a) (a) Each paper submission of forms shall include all of the following:

Ins 6.05(4)(a)1. 1. A properly completed insurance transmittal document in duplicate.

Ins 6.05(4)(a)2. 2. A properly completed certificate of compliance and readability in substantially identical format as in Appendix A.

Ins 6.05(4)(a)3. 3. A filing letter that contains the following information:

Ins 6.05(4)(a)3.a. a. In the case of a form that alters or replaces a previously approved form, a description of the change.

Ins 6.05(4)(a)3.b. b. One copy of each form in final format exactly as it will be offered for issuance or delivery in the state of Wisconsin, except for hypothetical data and other appropriate variable material.

Ins 6.05(4)(a)5. 5. If a form contains variable material or language, a written description identifying the range of the variable material or language.

Ins 6.05(4)(a)6. 6. A second copy of each form, if the insurer requires an OCI stamped copy for its records.

Ins 6.05(4)(a)7. 7. A copy of the previously approved form clearly marked “for reference only” if the current form is to supercede the previously approved form.

Ins 6.05(4)(a)8. 8. If the submission of forms is filed by a third-party on behalf of an insurer, a letter from the insurer, authorizing the third-party to file forms on its behalf.

Ins 6.05(4)(a)9. 9. A self-addressed return envelope of sufficient size to return one copy of the materials in subds. 1. and 6., to the insurer.

Ins 6.05(4)(b) (b) Each electronic submission of forms shall include all of the following:

Ins 6.05(4)(b)1. 1. All of the data elements on the transmittal document.

Ins 6.05(4)(b)2. 2. A properly completed certificate of compliance and readability in substantially identical format as in Appendix A.

Ins 6.05(4)(b)3. 3. A filing letter that contains all of the following information:

Ins 6.05(4)(b)3.a. a. In the case of a form that alters or replaces a previously filed form, a description of the changes.

Ins 6.05(4)(b)3.b. b. The form number and approval or filing date of any form superseded by the new form.

Ins 6.05(4)(b)4. 4. One copy of each form in final electronic format exactly as it will be offered for issuance or delivery in the state of Wisconsin, except for hypothetical data and other appropriate variable material.

Ins 6.05(4)(b)5. 5. If a form contains variable material or language, a written description identifying the range of the variable material or language.

Ins 6.05(4)(b)6. 6. A copy of the previously approved or filed form clearly marked “for reference only” if the current form is to supersede the previously approved or filed form.

Ins 6.05(4)(b)7. 7. If the submission of forms is filed by a third-party on behalf of an insurer, a letter from the insurer authorizing the third-party to file forms on its behalf.