Ins 3.31(3)(a)3.f.f. An insurer which, after evidence of coverage for a person has been issued, receives information regarding such person which would reasonably be considered a sufficient basis to void or reform such person’s coverage, shall effect such voiding or reformation, as provided in s. 631.11 (4), Stats., or the insurer shall be held to have waived its rights to such action.
Ins 3.31(3)(a)3.g.g. An insurer may use statements in an enrollment form as a defense to the claim or to void or reform coverage only if it has complied with the requirements of subd. 3. d.
Ins 3.31(3)(a)4.4. ‘Claims administration.’
Ins 3.31(3)(a)4.a.a. If the existence of a disease or physical condition was duly disclosed in the enrollment form for coverage in response to the questions therein, the insurer shall not use the pre-existence defense, under coverage providing such a defense, to deny benefits for such disease or condition unless such disease or condition is excluded from coverage by name or specific description effective on the date of loss. This paragraph does not apply to a preexisting condition exclusion permitted under s. 632.746 (1), Stats.
Ins 3.31(3)(a)4.b.b. If an enrollment form contains no question concerning the proposed insured person’s health history or medical treatment history and regardless of whether it contains a question concerning the proposed insured person’s general health at the time of enrollment, the insurer may use the pre-existence defense, under coverage providing such a defense, only with respect to losses incurred or disability commencing within 12 months from the effective date of the person’s coverage, unless the disease or physical condition causing the loss or disability is excluded from coverage by name or specific description effective on the date of loss or the date the disability commenced. If after 12 months from the effective date of coverage, there is a reoccurrence of the disease or condition causing the loss or disability, then the pre-existence defense may not be used. Under a disability income policy a disease or condition shall be deemed to have not reoccurred if the insured performs all important duties of a comparable occupation on the same basis as before the disability, for at least 6 months. Under a policy other than disability income a disease or condition shall be deemed to have not reoccurred if a period of 6 months elapses during which no expenses are incurred for the same or a related disease or condition.
Ins 3.31(3)(a)4.c.c. An insurer shall not void coverage or deny a claim on the ground that the enrollment form for such coverage did not disclose certain information considered material to the risk if the form did not clearly require the disclosure of such information.
Ins 3.31(3)(b)(b) Be subject to the following:
Ins 3.31(3)(b)1.1. A claim shall not be reduced or denied on the grounds that the disease or physical condition resulting in the loss or disability had existed prior to the effective date of coverage, under coverage providing such a defense, unless the insurer has evidence that such disease or physical condition, as distinguished from the cause of such disease or physical condition, had manifested itself prior to such date. Such manifestation may be established by evidence of:
Ins 3.31(3)(b)1.a.a. Medical diagnosis or treatment of such disease or physical condition prior to the effective date, or
Ins 3.31(3)(b)1.b.b. The existence of symptoms of such disease or physical condition prior to the effective date which would cause an ordinarily prudent person to seek diagnosis, care, or treatment and for which such diagnosis, care or treatment was not sought prior to such date.
Ins 3.31(3)(b)2.2. Coverage which contains wording which requires the cause of the disease or physical condition, as distinguished from the disease or physical condition itself, to originate after the effective date of coverage shall be administered in accordance with subd. 1.
Ins 3.31(3)(b)3.3. An insurer shall not exclude or limit benefits for a particular condition where the claimant’s medical records indicate a reasonable basis for, and the policy language permits, distinguishing between the eligible condition or conditions which necessitated the hospital confinement or medical or surgical treatment for which claim is made, or which resulted in the disability for which the claim is made, and a concurrently non-eligible existing condition or conditions which did not contribute to the need for the confinement or treatment, or contribute to the disability. The exclusion or limitation of benefits includes the use of:
Ins 3.31(3)(b)3.a.a. A pre-existence defense;
Ins 3.31(3)(b)3.b.b. A waiting period, such as for pregnancy, surgery or other stated condition or procedure;
Ins 3.31(3)(b)3.c.c. A benefit maximum; or
Ins 3.31(3)(b)3.d.d. Other policy limitation.
Ins 3.31(3)(c)(c) Where the group or group type plan is issued to trustees of a fund, use the plan’s provisions regarding individual eligibility for coverage and individual termination of coverage to deny liability for or to defend against a claim only if the certificate issued pursuant to the plan, under an appropriate caption or captions, includes the applicable requirements regarding an individual’s eligibility for coverage and the conditions under which an individual’s coverage terminates under the plan.
Ins 3.31(4)(4)Blanket insurance. An insurer issuing insurance under s. 600.03 (4), Stats., shall
Ins 3.31(4)(a)(a) Include in an enrollment form used in connection with such insurance no question relating to the medical history or other matter concerning the insurability of the person or persons to be insured and
Ins 3.31(4)(b)(b) Be subject to the following:
Ins 3.31(4)(b)1.1. A claim shall not be reduced or denied on the grounds that the disease or physical condition resulting in the loss or disability had existed prior to the effective date of coverage, under coverage providing such a defense, unless the insurer has evidence that such disease or physical condition had manifested itself prior to such date. Such manifestation may be established by evidence of:
Ins 3.31(4)(b)1.a.a. Medical diagnosis or treatment of such disease or physical condition prior to the effective date, or
Ins 3.31(4)(b)1.b.b. The existence of symptoms of such disease or physical condition prior to the effective date which would cause an ordinarily prudent person to seek diagnosis, care or treatment and for which such diagnosis, care or treatment was not sought prior to such date.
Ins 3.31(4)(b)2.2. Coverage which contains wording which requires the cause of the disease or physical condition, as distinguished from the disease or physical condition itself, to originate after the effective date of coverage shall be administered in accordance with subd. 1. b.
Ins 3.31(4)(b)3.3. An insurer shall not exclude or limit benefits for a particular condition where the claimant’s medical records indicate a reasonable basis for, and the policy language permits, distinguishing between the eligible condition or conditions which necessitated the hospital confinement or medical or surgical treatment for which claim is made, or which resulted in the disability for which the claim is made, and a concurrently non-eligible existing condition or conditions which did not contribute to the need for the confinement or treatment, or contribute to the disability. The exclusion or limitation of benefits includes the use of:
Ins 3.31(4)(b)3.a.a. A pre-existence defense;
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(4)(b)3.c.c. A benefit maximum; or
Ins 3.31(4)(b)3.d.d. Other policy limitation.