Chapter Ins 6

Ins 6.80(2)(b)1. 1. Section Ins 1.01 (3) applies to fraternals.

Ins 6.80(2)(b)2. 2. Sections Ins 2.07 (5) (a) 2. d. and (b) 2. b. apply to life insurance.

Ins 6.80 Note Note: Sections Ins 2.07 (5) (a) 2. d. and (b) 2. b. do not exist. Section Ins 2.07 was repealed and recreated eff. 3-1-82.

Ins 6.80(2)(b)3. 3. Section Ins 3.25 (9) (d) applies to credit life and accident and sickness insurance.

Ins 6.80(2)(b)4. 4. Section Ins 3.27 (28) applies to disability insurance.

Ins 6.80(2)(b)5. 5. Section Ins 6.17 (3) (c) and (d) apply to surplus lines.

Ins 6.80(2)(b)6. 6. Sections Ins 6.30 (2) (a) 1. e., 6.30 (3) (a) 3. e., (4) (a) 2. e. and (5) (a) 3. apply to property and casualty insurers.

Ins 6.80(2)(b)7. 7. Section Ins 6.55 (5) (b) applies to all insurers.

Ins 6.80(2)(b)8. 8. Section Ins 6.61 applies to intermediaries.

Ins 6.80(2)(b)9. 9. Section Ins 8.09 applies to employee welfare funds.

Ins 6.80 Note Note: Section Ins 8.09 has been repealed.

Ins 6.80(2)(b)10. 10. Sections Ins 8.65 (4) and 8.69 (6) apply to small employer insurers.

Ins 6.80(3) (3) Definitions.

Ins 6.80(3)(a) (a) “Domestic insurer” has the meaning set forth in s. 600.03 (17), Stats.

Ins 6.80(3)(b) (b) “Insurer” has the meaning set forth in s. 600.03 (17), Stats.

Ins 6.80(3)(c) (c) “Nondomestic insurer” has the meaning set forth in s. 600.03 (32), Stats.

Ins 6.80(3)(d) (d) “Hard copy” means any information which is procured from an alternate storage facility such as microfilm, microfiche or electronic data processing and reproduced into proper form.

Ins 6.80(4) (4) Domestic insurers.

Ins 6.80(4)(a) (a) Corporate records such as minute books, articles and by-laws, and stock and membership records shall be retained as permanent records.

Ins 6.80(4)(a)1. 1. General ledgers shall be retained as permanent records.

Ins 6.80(4)(a)2. 2. Rate books, agents’ handbooks, underwriting manuals, specimen forms, and related actuarial material, as well as reinsurance contracts, shall be retained as long as the related insurance coverage remains in force.

Ins 6.80(4)(b) (b) Records of insurance company operations and other financial records reasonably related to insurance operations for the preceding 3 years shall be maintained and be available to the commissioner.

Ins 6.80(4)(c) (c) Records maintained under par. (b) may be in written form or in any other form capable of being converted to written form within a reasonable period of time.

Ins 6.80(4)(c)1. 1. Original documents, such as claim files, invoices, cancelled checks, underwriting information and other similar materials may be maintained on microfilm or microfiche so long as the records thus maintained are readily available to the commissioner and can be reproduced in hard copy.

Ins 6.80(4)(c)2. 2. Accounting records, policy master files, reserve inventories, and other similar records normally produced in hard copy may be maintained on electromagnetic tape provided such tapes are preserved and that the company can and will reproduce the appropriate hard copy within a reasonable period of time at the request of the commissioner.

Ins 6.80(4)(d) (d) The statutes of limitations, escheat laws, and statutes regarding minors of the various jurisdictions in which the insurer does business shall control the retention of pertinent records, other than permanent records, beyond the period mentioned in par. (b). These records may include, but shall not be limited to, claims files, supplementary contract files, records of uncashed checks, and underwriting files.

Ins 6.80(4)(e) (e) Subject to this rule and applicable statutes and rules or regulations of this and other jurisdictions in which the insurer is licensed to do business, the insurer may set its retention of records to conform to its storage facilities.

Ins 6.80(5) (5) Nondomestic insurers.

Ins 6.80(5)(a) (a) Records with regard to insurance company operations in the state of Wisconsin for the preceding 3 years shall be maintained in the form specified under sub. (4) and be available to the commissioner, or the insurance regulatory agency of the insurer’s state of domicile.

Ins 6.80(5)(b) (b) The requirements of this rule pertaining to an insurer’s operations in the state of Wisconsin may be met by compliance with the record retention law of its state of domicile. If no such law or regulation exists, an insurer may comply with this rule by presenting a statement attesting to the fact that its record retention system is acceptable to its state of domicile.

Ins 6.80(7) (7) Penalty. Violations of this rule by any person shall subject the person to the penalties set forth in s. 601.64, Stats.

Ins 6.80(8) (8) Effective date. As provided in s. 227.22 (2) (intro.), Stats., this rule shall take effect on the first day of the month following its publication.

Ins 6.80 History History: Cr. Register, June, 1981, No. 306, eff. 7-1-81; r. (6) under s. 13.93 (2m) (b) 16., Stats., Register, December, 1984, No. 348; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1987, No. 377; cr. (2) (b) 10., Register, November, 1993, No. 455, eff. 2-1-94; corrections in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 2000, No. 530; correction in (2) (b) 5. and 6. made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register August 2014 No. 704.

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

Ins 6.85(1) (1) Purpose. This section interprets and implements s. 631.28, Stats., by specifying the contents of a notice insurers must provide to insureds about their right to file a complaint with the office of the commissioner of insurance. This section also describes when and the manner in which such notice must be provided.

Ins 6.85(2) (2) Scope. This section applies to all policies or certificates in force, issued or renewed in Wisconsin on or after the effective date of this section.

Ins 6.85(3) (3) Definitions. For purposes of this section, “insured” means the policyholder for individual policies and both the group policyholder and certificate holder for group policies.

Ins 6.85(4) (4) Notice format. Every insurer shall disclose the insured’s right to contact the office of the commissioner of insurance regarding an insurance problem by providing a notice which shall:

Ins 6.85(4)(a) (a) Be in the form as prescribed in Appendix I or for policies subject to sub. (5) (d) in form as prescribed in Appendix 2;

Ins 6.85(4)(b) (b) Include the issuer’s address, toll free phone number, if available, and phone number in no less than 12-point type and bold print.

Ins 6.85 Note Note: The language in sub. (4) (b) applies to notices sent on or after March 1, 1995.

Ins 6.85(4)(c) (c) Be in no less than 10-point type; and

Ins 6.85(4)(d) (d) Have the phrase “KEEP THIS NOTICE WITH YOUR INSURANCE PAPERS,” “PROBLEMS WITH YOUR INSURANCE?” in Appendix I and the “OFFICE OF THE COMMISSIONER OF INSURANCE” in Appendices I and 2 capitalized and in bold lettering.

Ins 6.85(5) (5) Notice delivery.

Ins 6.85(5)(a) (a) For policies issued prior to the effective date of this section, except for policies included under pars. (c) and (d):

Ins 6.85(5)(a)1. 1. The notice shall be provided on or before the insured’s first renewal date after the effective date of this section or within one year after the effective date of this section, whichever is earlier, with a separate notice to the insured; or

Ins 6.85(5)(a)2. 2. For single premium policies, a separate notice shall be provided on or before the insured’s next anniversary date or within one year after the effective date of this section, whichever is earlier.

Ins 6.85(5)(b) (b) For policies or certificates issued on or after the effective date of this section, except for policies included under pars. (c) and (d), a separate notice shall be provided at the time the policy or certificate is issued.

Ins 6.85(5)(c) (c) For surety and title insurance policies the notice must be given as a separate notice to each claimant at the time a claim is denied.

Ins 6.85(5)(d) (d) For policies subject to s. 632.83, Stats., the insurer shall either give notice in the form as prescribed in Appendix 2 and as specified in pars. (a) and (b) or may include the language in Appendix 2 as part of the grievance procedure language in the policy and certificates issued after the effective date and, for policies issued prior to the effective date, provide a policy or certificate amendment on or before the first renewal date after the effective date or within one year after the effective date of this section, whichever is earlier.

Ins 6.85 History History: Emerg. cr. eff. 2-1-93; cr. Register, February, 1993, No. 446, eff. 3-1-93; correction in (5) (d), Register, April, 1993, No. 448, eff. 5-1-93; am. (4) (b) and Appendix, Register, January, 1995, No. 469, eff. 2-1-95; correction in (5) (d) made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553.

Ins 6.90 Ins 6.90 Prohibited uses of senior-specific designations.

Ins 6.90(1) (1) Purpose. The purpose of this rule is to set forth standards to protect consumers from advertising and trade practices that are deceptive, misleading, or restrain competition unreasonably, with respect to the use of senior-specific certifications and professional designations in the advertising, solicitation, sale or purchase of, or advice made in connection with, life or health insurance, or an annuity product.

Ins 6.90(2) (2) Authority.

Ins 6.90(2)(a) (a) This rule is adopted pursuant to the Office of the Commissioner of Insurance’s authority under ss. 601.42 (3) and 628.34 (12), Stats.

Ins 6.90(2)(b) (b) Nothing in this rule shall limit the commissioner’s authority to enforce existing provisions of law.

Ins 6.90(3) (3) Scope. This rule shall apply to any advertising, solicitation, or sale or purchase of, or advice made in connection with, a life or health insurance policy, or annuity product by an insurance producer.

Ins 6.90(4) (4) Definitions. In this section:

Ins 6.90(4)(a) (a) “Advertising” means all of the following:

Ins 6.90(4)(a)1. 1. Printed and published material, audio visual material and descriptive literature of an insurer or intermediary used in direct mail, newspapers, magazines, other periodicals, radio and television scripts, billboards and similar displays, excluding advertisements prepared for the sole purpose of recruiting employees, intermediaries or agencies.

Ins 6.90(4)(a)2. 2. Descriptive literature and sales aids of all kinds authored, issued, distributed or used by an insurer, intermediary or third party for presentation to members of the public, including circulars, leaflets, booklets, depictions, illustrations and form letters. Descriptive literature and sales aids do not include material in house organs of insurers, communications within an insurer’s own organization not intended for dissemination to the public, individual communications of a personal nature, and correspondence between a prospective group or blanket policyholder and an insurer in the course of negotiating a group or blanket policy, and general announcements from group or blanket policyholders to eligible individuals that a contract has been written.

Ins 6.90(4)(a)3. 3. Prepared sales talks, presentations and material for use by intermediaries and representations made by intermediaries in accordance therewith, excluding materials to be used solely by an insurer for the training and education of its employees or intermediaries; and

Ins 6.90(4)(a)4. 4. Packaging, including envelopes, used in connection with subds. 1., 2., and 3.

Ins 6.90(4)(a)5. 5. “Advertising” does not include a policy summary as defined in s. Ins 2.14 (3) (f), the “life insurance buyer’s guide” as set forth in s. Ins 2.14 (3) (d), an illustration as defined in s. Ins 2.17 (3) (i), a contract summary as defined in s. Ins 2.15 (4) (a), a preliminary contract summary as defined in s. Ins 2.15 (4) (b), and the “Wisconsin Buyer’s Guide to Annuities” as defined in s. Ins 2.15 (4) (c).

Ins 6.90(4)(b) (b) “Health insurance” includes any policy of individual or group sickness and accident insurance, long term care insurance, Medicare advantage, Medicare supplement, and Medicare part D.

Ins 6.90(4)(c) (c) “Insurance producer” means a person required to be licensed under chs. 600 to 655, Stats., to advertise, sell, solicit or negotiate insurance, including life insurance, health insurance and annuities.

Ins 6.90(5) (5) Prohibited uses of senior-specific certifications and professional designations.

Ins 6.90(5)(a) (a) It is an unfair and deceptive trade practice under s. 628.34 (12), Stats., for an insurance producer to use a senior-specific certification or professional designation that indicates or implies in such a way as to mislead a purchaser or prospective purchaser that the insurance producer has special certification or training in advising or providing services to seniors in connection with the advertising, solicitation, sale, or purchase of a life or health insurance policy, or annuity product or in the provision of advice as to the value of or the advisability of purchasing or selling a life or health insurance policy or annuity product, either directly or indirectly, through publications or writings, or by issuing or promulgating analyses or reports related to a life or health insurance policy or annuity product as follows:

Ins 6.90(5)(a)1. 1. Use of a certification or professional designation by an insurance producer who has not actually earned or is otherwise ineligible to use such certification or designation.

Ins 6.90(5)(a)2. 2. Use of a nonexistent or self-conferred certification or professional designation.

Ins 6.90(5)(a)3. 3. Use of a certification or professional designation that indicates or implies a level of occupational qualifications obtained through education, training or experience that the insurance producer using the certification or designation does not have.

Ins 6.90(5)(a)4. 4. Use of a certification or professional designation that was obtained from a certifying or designating organization that:

Ins 6.90(5)(a)4.a. a. Is primarily engaged in the business of instruction in sales or marketing; or

Ins 6.90(5)(a)4.b. b. Does not have reasonable standards or procedures for assuring the competency of its certificants or designees; or

Ins 6.90(5)(a)4.c. c. Does not have reasonable standards or procedures for monitoring and disciplining its certificants or designees for improper or unethical conduct; or

Ins 6.90(5)(a)4.d. d. Does not have reasonable continuing education requirements for its certificants or designees in order to maintain the certificate or designation.

Ins 6.90(5)(b) (b) There is a rebuttable presumption that a certifying or designating organization is not disqualified solely for the purposes of par. (a) 4., when the certification or designation issued from the organization does not primarily apply to sales or marketing and when the organization or the certification or designation in question has been accredited by:

Ins 6.90(5)(b)1. 1. The American National Standards Institute (ANSI);

Ins 6.90(5)(b)2. 2. The National Commission for Certifying Agencies; or

Ins 6.90(5)(b)3. 3. Any organization that is on the U.S. Department of Education’s list entitled “Accrediting Agencies Recognized for Title IV Purposes.”

Ins 6.90(5)(c) (c) In determining whether a combination of words or an acronym standing for a combination of words constitutes a certification or professional designation indicating or implying that a person has special certification or training in advising or servicing seniors, factors to be considered shall include:

Ins 6.90(5)(c)1. 1. Use of one or more words such as “senior,” “retirement,” “elder,” or like words combined with one or more words such as “certified,” “registered,” “chartered,” “advisor,” “specialist,” “consultant,” “planner,” or like words, in the name of the certification or professional designation; and

Ins 6.90(5)(c)2. 2. The manner in which those words are combined.

Ins 6.90(5)(d) (d)

Ins 6.90(5)(d)1. 1. For purposes of this section, a job title within an organization that is licensed or registered by a state or federal financial services regulatory agency is not a certification or professional designation, unless it is used in a manner that would confuse or mislead a reasonable consumer, when the job title:

Ins 6.90(5)(d)1.a. a. Indicates seniority or standing within the organization; or

Ins 6.90(5)(d)1.b. b. Specifies an individual’s area of specialization within the organization.

Ins 6.90(5)(d)2. 2. For the purpose of this paragraph, financial services regulatory agency includes an agency that regulates insurers, insurance producers, broker-dealers, investment advisers, or investment companies as defined under the Investment Company Act of 1940 (15 USC 2d).

Ins 6.90(6) (6) Penalties. A violation of this section is an unfair and deceptive trade practice under s. 628.34 (12), Stats., and shall subject the violator to ss. 601.41, 601.62, 601.64, 601.65 and 628.10, Stats.