Ins 6.80(3)(d)(d) “Hard copy” means any information which is procured from an alternate storage facility such as microfilm, microfiche or electronic data processing and reproduced into proper form.

Ins 6.80(4)(a)(a) Corporate records such as minute books, articles and by-laws, and stock and membership records shall be retained as permanent records.

Ins 6.80(4)(a)2.2. Rate books, agents’ handbooks, underwriting manuals, specimen forms, and related actuarial material, as well as reinsurance contracts, shall be retained as long as the related insurance coverage remains in force.

Ins 6.80(4)(b)(b) Records of insurance company operations and other financial records reasonably related to insurance operations for the preceding 3 years shall be maintained and be available to the commissioner.

Ins 6.80(4)(c)(c) Records maintained under par. (b) may be in written form or in any other form capable of being converted to written form within a reasonable period of time.

Ins 6.80(4)(c)1.1. Original documents, such as claim files, invoices, cancelled checks, underwriting information and other similar materials may be maintained on microfilm or microfiche so long as the records thus maintained are readily available to the commissioner and can be reproduced in hard copy.

Ins 6.80(4)(c)2.2. Accounting records, policy master files, reserve inventories, and other similar records normally produced in hard copy may be maintained on electromagnetic tape provided such tapes are preserved and that the company can and will reproduce the appropriate hard copy within a reasonable period of time at the request of the commissioner.

Ins 6.80(4)(d)(d) The statutes of limitations, escheat laws, and statutes regarding minors of the various jurisdictions in which the insurer does business shall control the retention of pertinent records, other than permanent records, beyond the period mentioned in par. (b). These records may include, but shall not be limited to, claims files, supplementary contract files, records of uncashed checks, and underwriting files.

Ins 6.80(4)(e)(e) Subject to this rule and applicable statutes and rules or regulations of this and other jurisdictions in which the insurer is licensed to do business, the insurer may set its retention of records to conform to its storage facilities.

Ins 6.80(5)(a)(a) Records with regard to insurance company operations in the state of Wisconsin for the preceding 3 years shall be maintained in the form specified under sub. (4) and be available to the commissioner, or the insurance regulatory agency of the insurer’s state of domicile.

Ins 6.80(5)(b)(b) The requirements of this rule pertaining to an insurer’s operations in the state of Wisconsin may be met by compliance with the record retention law of its state of domicile. If no such law or regulation exists, an insurer may comply with this rule by presenting a statement attesting to the fact that its record retention system is acceptable to its state of domicile.

Ins 6.80(7)(7) Penalty. Violations of this rule by any person shall subject the person to the penalties set forth in s. 601.64, Stats.

Ins 6.80(8)(8) Effective date. As provided in s. 227.22 (2) (intro.), Stats., this rule shall take effect on the first day of the month following its publication.

Ins 6.80 HistoryHistory: Cr. Register, June, 1981, No. 306, eff. 7-1-81; r. (6) under s. 13.93 (2m) (b) 16., Stats., Register, December, 1984, No. 348; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1987, No. 377; cr. (2) (b) 10., Register, November, 1993, No. 455, eff. 2-1-94; corrections in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 2000, No. 530; correction in (2) (b) 5. and 6. made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register August 2014 No. 704.

Ins 6.85(1)(1) Purpose. This section interprets and implements s. 631.28, Stats., by specifying the contents of a notice insurers must provide to insureds about their right to file a complaint with the office of the commissioner of insurance. This section also describes when and the manner in which such notice must be provided.

Ins 6.85(2)(2) Scope. This section applies to all policies or certificates in force, issued or renewed in Wisconsin on or after the effective date of this section.

Ins 6.85(3)(3) Definitions. For purposes of this section, “insured” means the policyholder for individual policies and both the group policyholder and certificate holder for group policies.

Ins 6.85(4)(4) Notice format. Every insurer shall disclose the insured’s right to contact the office of the commissioner of insurance regarding an insurance problem by providing a notice which shall:

Ins 6.85(4)(a)(a) Be in the form as prescribed in Appendix I or for policies subject to sub. (5) (d) in form as prescribed in Appendix 2;

Ins 6.85(4)(b)(b) Include the issuer’s address, toll free phone number, if available, and phone number in no less than 12-point type and bold print.

Ins 6.85(4)(d)(d) Have the phrase “KEEP THIS NOTICE WITH YOUR INSURANCE PAPERS,” “PROBLEMS WITH YOUR INSURANCE?” in Appendix I and the “OFFICE OF THE COMMISSIONER OF INSURANCE” in Appendices I and 2 capitalized and in bold lettering.