Ins 6.77(4) (4) Exemption.

Ins 6.77(4)(a) (a) Any umbrella liability or excess liability insurance policy is exempt from the requirements of s. 631.36 (2) (a), Stats.

Ins 6.77 Note Note: Section 632.32 (4), Stats., refers to the requirements as amended by 2009 Wisconsin Act 28.

Ins 6.77(4)(d) (d) A war risks coverage provision of an aircraft insurance policy is exempt from the requirements of s. 631.36 (2) (b) and (c), Stats.

Ins 6.77(5) (5) Notice.

Ins 6.77(5)(a) (a) An insurer cancelling any umbrella liability policy or excess liability policy shall notify the commissioner of the grounds for such cancellation not later than the time at which the insurer notifies the policyholder of such cancellation. Insurers shall provide notice to the insured as set forth in s. 631.36 (2) (b), Stats.

Ins 6.77(5)(b) (b) No cancellation under s. 631.36 (2) (a), Stats., of any war risks coverage contained in an aircraft insurance policy is effective until at least 7 days after the 1st class mailing or delivery of a written notice to the policyholder.

Ins 6.77 History History: Emerg. cr. eff. 7-1-77; cr. Register, November, 1977, No. 263, eff. 12-1-77; am. (1), (4) and (5), Register, May, 1987, No. 377, eff. 6-1-87; am. (1) and (2), renum. (3) (a), (4) and (5) to be (3) (c), (4) (a) and (5) (a), cr. (3) (a) and (d), (4) (b) and (5) (b), Register, July, 1990, No. 415, eff. 8-1-90; CR 06-117: am. (1), (2) and (4) (a), cr. (3) (ac), (ag), (am) and (bm), (4) (b) and (c) and (6), renum. (4) (b) to be (4) (d), Register June 2007 No. 618, eff. 7-1-07; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2010 No. 649; EmR0918: emerg. am. (1), (2), (4) (a), (b) and (6), r. (3) (ag) and (4) (c), cr. (4) (am), eff. 11-1-09; CR 09-097: am. (1), (2), (4) (a) and (6), r. (3) (ag) and (4) (c), cr. (4) (am) Register April 2010 No. 652, eff. 5-1-10; correction in (1) and (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register, January, 2012 No. 673; CR 15-032: am. (title), (1), (2), r. (3) (am), (bm), (4) (am), (b), and (6) Register November 2015 No. 719, eff. 12-1-15; correction in (1), (2) made under s. 35.17, Stats., Register November 2015 No. 719.

Ins 6.78 Ins 6.78 Exemption from filing of rates.

Ins 6.78(1) (1) Purpose. The purpose of this section is to exempt from the filing requirements of s. 625.13, Stats., those rates for risks which have been customarily written on a consent-to-rate basis and certain title insurance rates, it having been determined that such filing is not necessary to protect policyholders and the public. This rule implements and interprets ss. 625.04, 625.13, and 625.15, Stats.

Ins 6.78(2) (2) Scope. This section applies to the following lines or classes of insurance:

Ins 6.78(2)(a) (a) The classes specified in s. Ins 6.75 (2) (a), (d), (e), (f), (g), (h), (i), (j), (L), (m), and (n).

Ins 6.78(2)(b) (b) Individual rate modifications that are a reduction from the filed title insurance rate.

Ins 6.78(3) (3) Exempt filings. If a specific risk in a line or class of insurance set forth in sub. (2) (a) is of the type which is customarily written on a consent-to-rate basis wherein the insured agrees to accept a rate that is different from the insurer’s filed rates, the consent-to-rate shall not be filed with the commissioner, provided:

Ins 6.78(3)(a) (a) The insurer keeps for at least 1 year after the expiration date of the policy;

Ins 6.78(3)(a)1. 1. Record of the rate development; and

Ins 6.78(3)(a)2. 2. The written application signed by the insured stating the insured’s reason for requesting the rate.

Ins 6.78(3)(b) (b) Prior to entering into such insurance agreements in Wisconsin the insurer has notified the commissioner of insurance of its intention so to do, identifying the contemplated lines and classes of insurance.

Ins 6.78(4) (4) Exempt filing. If a title insurance rate as set forth in sub. (2) (b) is a downward deviation of an existing filed rate, the rate shall not be filed with the commissioner provided that all of the following apply:

Ins 6.78(4)(a) (a) The insurer keeps for at least five years after the inception date of the policy the following information:

Ins 6.78(4)(a)1. 1. The filed rate and premium and the deviated rate and premium;

Ins 6.78(4)(a)2. 2. The effective date of the policy and the location and description of the risk;

Ins 6.78(4)(a)3. 3. The reason for the deviation; and

Ins 6.78(4)(a)4. 4. A record of the deviated rate development.

Ins 6.78(4)(b) (b) Prior to entering into such insurance agreements in Wisconsin, the insurer has notified the commissioner of its intentions to do so, identifying the contemplated rate deviation program.

Ins 6.78 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; am. (1), (2) and (3) (intro.), cr. (4), Register, February, 1993, No. 446, eff. 3-1-93; reprinted to restore dropped copy in (3), Register, May, 1993, No. 449.

Ins 6.785 Ins 6.785 Exemption from rate and form filing requirements.

Ins 6.785(1) (1) Purpose. This section is intended to exempt certain classes of property and casualty rates and commercial property and casualty forms from the rate and form filing requirements. This section implements and interprets ss. 625.04, 625.13, 625.15, and 631.20, Stats.

Ins 6.785(2) (2) Scope. This section applies to the lines or classes of insurance which are listed in s. Ins 6.75 (2) (a), (d), (e), (f), (g), (h), (i), (j), (L), (m) and (n) of direct insurance written on risks or operations in this state subject to s. 625.03, Stats., and which are exempted under the consent-to-rate provision of s. Ins 6.78.