Ins 6.595(2)(f)(f) A person whose activities in this state are limited to advertising without the intent to solicit insurance in this state through communications in printed publications or other forms of electronic mass media whose distribution is not limited to residents of the state, provided that the person does not sell, solicit or negotiate insurance that would insure risks residing, located or to be performed in this state;
Ins 6.595(2)(g)(g) A person who is not a resident of this state who sells, solicits or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract, provided that that person is otherwise licensed as an insurance producer to sell, solicit or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state; or
Ins 6.595(2)(h)(h) A salaried full-time employee who counsels or advises his or her employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer provided that the employee does not sell or solicit insurance or receive a commission.
Ins 6.595(2)(i)(i) Persons selling rental car insurance which is provided in connection with and incidental to the lease or rental of a motor vehicle which do not require a commercial license to operate for a total period of 90 consecutive days or less and not exceeding the lease or rental period. This exemption does not relieve the person of the requirement to reply to the commissioner under s. 601.42, Stats.
Ins 6.595 HistoryHistory: CR 01-074: cr. Register January 2002 No. 553, eff. 2-1-02; CR 19-025: cr. (1) (am) Register August 2020 No. 776, eff. 9-1-20; correction in (1) (am) made under s. 35.17, Stats., Register August 2020 No. 776.
Ins 6.60Ins 6.60Prohibited business practices.
Ins 6.60(1)(1)In this section:
Ins 6.60(1)(a)(a) “Affiliate” means any person who is under the control of or acts at the direction of the agent.
Ins 6.60(1)(b)(b) “Agent” means an intermediary as defined in s. 628.02, Stats.
Ins 6.60(1)(c)(c) “Customer” means a natural person with whom the agent or affiliate is doing or has, within 3 years from the act or transaction regulated by this section, done an insurance business as that term is defined in s. 618.02 (2) and (3), Stats.
Ins 6.60(1)(d)(d) “Personal financial transaction” includes a transaction in which the agent or an affiliate of the agent borrows money, property or securities from a customer; loans money, property or securities to a customer; acts as custodian for money, property or securities of a customer; obtains power of attorney over money, property or securities of a customer; obtains a guarantee of any loan from a customer; shares directly or indirectly in profits or losses with a customer; or without furnishing equal consideration obtains title to or ownership of any property of a customer. In this section “personal financial transaction” does not include transactions conducted by an agent or affiliate in the normal course of doing an insurance business such as holding an insurance policy for analysis or servicing, or receiving an insurance premium from a customer provided the transaction is properly recorded on the records of the agent or affiliate as required by s. Ins 6.61, including the name of the insurer for whom the premium was received, and the agent or affiliate immediately issues a written receipt to the customer for the policy or premium.
Ins 6.60(2)(2)The following are deemed to be unfair trade practices by an agent or affiliate pursuant to s. 628.34 (12), Stats., without limiting those terms to the practices specified in this section:
Ins 6.60(2)(a)(a) Effecting or attempting to effect a personal financial transaction with a customer unless any of the following apply:
Ins 6.60(2)(a)1.1. The customer is a relative of the agent or affiliate as defined in s. 13.62 (12g), Stats.
Ins 6.60(2)(a)2.2. The customer is a person residing in the household of the agent or affiliate at the time of the transaction.
Ins 6.60(2)(a)3.3. The transaction is a bona fide arm’s length business transaction where the customer is either qualified to understand and assess the transaction or has been advised or represented in the transaction by a qualified individual who is not the agent or affiliate.
Ins 6.60(2)(a)4.4. The agent or affiliate is acting lawfully pursuant to authority given under federal or state law governing the securities or investment advisory business.
Ins 6.60(2)(b)(b) Knowingly being listed as a beneficiary of any proceeds of a life insurance policy or annuity issued to a customer unless the agent or affiliate has an insurable interest in the life of the customer.
Ins 6.60(2)(c)(c) Engaging in transactions with a customer in violation of ch. 551, Stats., the Wisconsin uniform securities law, ch. 553, Stats., the Wisconsin franchise investment law, the U.S. securities act of 1933 (15 USCS 77a et seq), the U. S. securities exchange act of 1934 (15 USCS 78a-78kk), the U. S. investment company act of 1940 (15 USCS 80 a-1 – 80a-52), or any rules or regulations promulgated under any of such laws.
Ins 6.60(2)(d)(d) Making misleading statements to a customer regarding or otherwise misrepresenting one’s qualifications or services. This includes using terms such as “financial”, “investment” or “retirement” in conjunction with terms such as “planner”, “planning” or “consulting” when, under the circumstances, the statements, representations or use of these terms do not accurately describe the nature of the services offered or the qualifications of the person offering the services.
Ins 6.60(2)(e)(e) Selling, soliciting the sale, or assisting the sale, of health coverage that is:
Ins 6.60(2)(e)1.1. Provided by a person who is not licensed as an insurer in this state; and
Ins 6.60(2)(e)2.2. Represented to be authorized under, or exempt from state insurance regulation under, the federal employee retirement income security act (29 USCS 1001 et seq).
Ins 6.60(3)(3)
Ins 6.60(3)(a)(a) For the purpose of s. 618.39 (1), Stats., an agent should know that placement of insurance is illegal if the agent:
Ins 6.60(3)(a)1.1. Sells, solicits the sale, or assists in the sale, of health coverage offered by a person not licensed as an insurer in this state; and
Ins 6.60(3)(a)2.2. Knows that the health coverage is represented to be authorized, or exempt from state insurance regulation, under the federal employee retirement income security act (29 USCS 1001 et seq).
Ins 6.60(3)(b)(b) An agent’s lack of knowledge of any of the following is not a defense to a violation of s. 618.39 (1), Stats.:
Ins 6.60(3)(b)1.1. That the person providing the coverage is not licensed in this state.