Ins 6.07(5)(e)(e) Any form used in exchange, pursuant to a contractual provision, for an individual life policy delivered or issued for delivery on a form approved prior to the date that the form must be approved under this section.
Ins 6.07(6)(6)Certification. Filings subject to this section shall be accompanied by a certificate signed by an officer of the insurer stating that it meets the minimum reading ease score or stating that the score is lower than the minimum required but should be approved in accordance with sub. (7). The actual readability score for each form shall be stated in the cover letter or as a data element in an electronic filing and the insurer shall fully identify the method or computer program used to determine the readability score. To confirm the accuracy of any certification, the commissioner may require the submission of further information to verify the certification in question.
Ins 6.07(7)(7)Powers of the commissioner. The commissioner may authorize a lower score than the Flesch reading ease score required in sub. (4) (a) 1., whenever, at the sole discretion of the commissioner, it is found that a lower score: will provide a more accurate reflection of the understandability of a consumer insurance policy; is warranted by the nature of a particular form or type or class of such forms; or is caused by certain language which is drafted to conform to the requirements of any state law, rule or commissioner’s interpretation.
Ins 6.07(8)(8)Effective date.
Ins 6.07(8)(a)(a) This section shall apply to the following consumer insurance policies no later than 6 months after December 1, 1980:
Ins 6.07(8)(a)1.1. Private passenger automobile.
Ins 6.07(8)(a)2.2. Homeowners,
Ins 6.07(8)(a)3.3. Dwelling fire,
Ins 6.07(8)(a)4.4. Individual disability excluding disability income,
Ins 6.07(8)(a)5.5. Medicare supplement,
Ins 6.07(8)(a)6.6. Individual life and annuity.
Ins 6.07(8)(b)(b) This section shall apply to the following consumer insurance policies no later than 12 months after December 1, 1980.
Ins 6.07(8)(b)1.1. Renewal policies with altered terms,
Ins 6.07(8)(b)2.2. Group disability certificates,
Ins 6.07(8)(b)3.3. Disability income,
Ins 6.07(8)(b)4.4. All consumer insurance policies not included under pars. (a) and (c) of this subsection.
Ins 6.07(8)(c)(c) This section shall apply to all Town Mutual insurers and also other insurers whose written premiums for the most recent calendar year did not exceed $500,000 statewide, no later than 18 months after December 1, 1980, regardless of the requirements under pars. (a) and (b).
Ins 6.07(8)(d)(d) Any consumer insurance policy that has been approved prior to the effective date of this rule and meets the standards set by this rule need not be refiled for approval but may continue to be lawfully delivered or issued for delivery in this state upon the filing with the commissioner of a list of the forms and accompanied by a certificate for each form in the manner provided in sub. (6).
Ins 6.07(8)(e)(e) The dates in pars. (a), (b), (c) and (d) may be extended at the commissioner’s sole discretion, but not beyond May 8th, 1982.
Ins 6.07 HistoryHistory: Cr. Register, November, 1980, No. 299, eff. 12-1-80; CR 10-076: am. (3) (b) (intro.), 2., (4) (a) 5., (5) (a), (c), (6), (8) (d), r. and recr. (4) (a) 1., 2., cr. (4) (a) 8., (b) 6., (d), (9) Register January 2011 No. 661, eff. 2-1-11; EmR1101: eff. 2-9-11; CR 11-021: r. and recr. (4) (a) (intro.), 1., 2., 5., r. (4) (a) 8., (d), (9) Register August 2011 No. 668, eff. 9-1-11.
Ins 6.07 NoteNote: The treatment of s. Ins 6.07 by CR 10-076 first apply to policies issued or renewed eight months following February 1, 2011.
Ins 6.08Ins 6.08Claimant representatives.
Ins 6.08(1)(1)Purpose. This section provides limited regulatory guidelines concerning the activities of claimant representatives. This section also protects insurance consumers from practices that the commissioner finds to be unfair trade practices. The commissioner finds as unfair trade practices those practices in which a claimant representative requires property to be repaired by a specified repair facility or contractor for repairs, receives compensation for the referral of business to a repair facility or contractor for repairs, operates as a repair facility or contractor for repairs, participates in the insurance claim payments to a repair facility or contractor for repairs, fails to disclose to the consumer the method of compensation and fails to provide the consumer with copies of contracts entered into between the claimant representative and consumer. This section requires a claimant representative to disclose his or her method and manner of compensation to the consumer and prohibits a claimant representative from engaging in practices that create potential conflicts of interest. This section implements and interprets s. 628.34 (11) and (12), Stats. This section is in addition to, and does not affect, s. 757.30, Stats.
Ins 6.08(2)(2)Scope. This section applies to all claimant representatives transacting business in this state.
Ins 6.08(3)(3)Definitions. As used in this section:
Ins 6.08(3)(a)(a) “Contractor for repairs” means the person, firm or corporation performing the repair work or furnishing the materials for the repair work, or both, for a building, dwelling or structure.
Ins 6.08(3)(b)(b) “Claimant representative” means any person, except an attorney licensed to practice law in the state, who receives compensation from a claimant in exchange for representing or advising the claimant in negotiations for the settlement of a claim against an insurer arising out of the coverage provided by an insurance policy. A claimant representative does not include a person whose sole service to the claimant is to provide to the claimant an estimate or appraisal for repairs.
Ins 6.08(3)(c)(c) “Repair facility” means the person, firm or corporation performing the repair work or furnishing the materials for the repair work, or both, for tangible personal property other than a building, dwelling or structure.
Ins 6.08(4)(4)Disclosure requirements.