Ins 3.31(4)(b)3.b.b. A waiting period, such as for pregnancy, surgery or other stated condition or procedure; Ins 3.31(5)(5) Effective date. This rule shall apply to all solicitation, underwriting, and claims activities relating to Wisconsin residents after December 1, 1974, except that sub. (3) (a) 4. a. and b. shall apply to coverage issued after said date and sub. (3) (a) 3. d., e. and g. shall apply to such activities after February 1, 1975. Ins 3.31 HistoryHistory: Cr. Register, November, 1974, No. 227, eff. 12-1-74; emerg. am. (1), (2), (3) (intro.) and (c) and (4), eff. 6-22-76; am. (1), (2), (3) (intro.) and (c) and (4), Register, September, 1976, No. 249, eff. 10-1-76; am. (1) and (2), Register, March, 1979, No. 279, eff. 4-1-79; am. (1), (2), (3) (intro.), (3) (a) 3. d., f. and 4. b., (3) (c) and (4), r. and recr. (3) (a) 3. c., (3) (b) 1. and 3., (4) (b) 1. and 3., Register, April, 1982, No. 316, eff. 5-1-82; correction in (2) and (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1992, No. 436; am. (3) (a) 4. a., Register, November, 1993, No. 455, eff. 2-1-94; correction in (3) (a) 4. a. and (4) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523. Ins 3.32Ins 3.32 Title insurance; prohibited practices. Ins 3.32(1)(1) Purpose. This rule implements and interprets s. 601.01 (3), Stats., and ch. 628, Stats., for the purpose of prohibiting unfair practices in the transaction of the business of title insurance. Ins 3.32(2)(2) Scope. This section applies to all title insurers and title insurance agents. Ins 3.32(3)(b)(b) “Affiliate producer” means an affiliate of a producer of title insurance, but only for the 12-month period commencing after June 30, 1987, and after the end of any quarter calendar year in which the affiliate’s gross revenue from operation in this state from title insurance directly or indirectly referred by affiliated producers of title insurance exceeds 40% of the affiliate’s gross revenue from operations in this state for title insurance in the previous quarter calendar year. However, if the previous quarter calendar year commences prior to July 1, 1988, the percentage is 80%; and if it commences prior to July 1, 1989, the percentage is 60%. “Affiliate producer” does not include a person who is affiliated with producers of title insurance who are all attorneys if the affiliate examines the title for each title insurance policy it issues. Ins 3.32(3)(c)(c) “Producer of title insurance” means any of the following, other than a title insurer, who order or influence, directly or indirectly, the ordering of title insurance and related services: Ins 3.32(3)(c)1.1. Any owner or prospective owner of real or personal property or any interest therein; Ins 3.32(3)(c)2.2. Any lender or prospective lender in a transaction involving an obligation secured or to be secured either in whole or in part by real or personal property or any interest therein; and Ins 3.32(3)(c)3.3. Any agent, representative, attorney or employee of any owner or prospective owner or of any lender or prospective lender. Ins 3.32(3)(d)(d) “Title insurance rates” means all charges made by a title insurer in connection with the issuance of a title insurance policy or a commitment to issue a title insurance policy and includes, but is not limited to, search and examination charges. Ins 3.32(3)(e)(e) “Title insurer” means all insurance companies authorized to write title insurance as defined by s. Ins 6.75 (2) (h) and their affiliates, and includes all officers, employees and representatives of the insurance companies or their affiliates. Ins 3.32(4)(4) Prohibited practices. No title insurer or agent of a title insurer may engage in any of the following practices: Ins 3.32(4)(a)(a) Charging an amount for a title insurance policy or commitment for a title insurance policy other than the amount developed by application of the appropriate title insurance rate developed from the rates and supplementary rate information on file with the commissioner for use by the title insurer. Ins 3.32(4)(b)(b) Waiving, or offering to waive, all or any part of the applicable title insurance rate or premium developed by proper application of the appropriate title insurance rate developed from the rates and supplementary rate information on file with the commissioner. Ins 3.32(4)(c)(c) Charging a reduced title insurance rate under a so-called “take-off” or subdivision policy when the property involved is ineligible for such reduced rate. Ins 3.32(4)(d)(d) Charging a reduced title insurance rate under a so-called “take-off” or subdivision policy when such rate is not applicable in the particular transaction because the volume required to qualify for such reduced rate includes ineligible property. Ins 3.32(4)(e)(e) Paying or offering to pay the cancellation fee, the fee for a preliminary title report or other fee on behalf of any producer of title insurance after inducing the person to cancel an order with another title insurer. Ins 3.32(4)(f)(f) Making or guaranteeing, or offering to make or guarantee, directly or indirectly, any loan to any producer of title insurance regardless of the terms of the note or guarantee. This prohibition is not applicable to customary business collection procedures, claims settlement and salvage activities and other business activities totally unrelated to the solicitation of business for which a charge is made.