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6(2) With respect to a life or endowment insurance policy or annuity contract
7for which an amount is owed on proof of death, but which has not matured by proof
8of death of the insured or annuitant, the insurance company has knowledge of the
9death of an insured or annuitant when any of the following occurs:
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(a) The insurance company receives a death certificate or court order
11determining that the insured or annuitant has died.
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(b) The insurance company or other person validates the death of the insured
13or annuitant by its performance of due diligence, as required under ch. 632 or other
14law, to maintain contact with the insured or annuitant to determine whether the
15insured or annuitant has died.
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(c) The insurance company compares for any purpose a death master file with
17the names of some or all of the company's insureds or annuitants, finds a match that
18provides notice that the insured or annuitant has died, and the company validates
19the death.
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(d) The insurance company receives notice of the death of the insured or
21annuitant from a beneficiary, policy owner, relative, or trustee, or from the personal
22or legal representative of the insured's or annuitant's estate and the company
23validates the death.
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24(3) The following applies to validating the death of the insured or annuitant
25under this section:
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1(a) A death master file match occurs if the criteria for an exact or partial match
2is satisfied as provided by a law of this state other than this chapter or by a rule
3promulgated or policy adopted by the office of the commissioner of insurance.
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(b) A death master file match does not constitute proof of death for the purpose
5of submission to an insurance company of a claim by a beneficiary, annuitant, or
6owner of the policy or contract for an amount due under an insurance policy or
7annuity contract.
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(c) The death master file match or validation of the insured's or annuitant's
9death does not alter the requirements for a beneficiary, annuitant, or owner of the
10policy or contract to make a claim to receive proceeds under the terms of the policy
11or contract.
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(d) If no provision in a law of this state or a rule promulgated or policy adopted
13by the office of the commissioner of insurance establishes a time for validation of a
14death of an insured or annuitant, the insurance company shall make a good faith
15effort using other available records and information to validate the death, and
16document the effort taken for such validation, not later than 90 days after the
17insurance company has notice of the death.
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18(4) This chapter does not affect the determination of the extent to which an
19insurance company before the effective date of this chapter had knowledge of the
20death of an insured or annuitant or was required to conduct a death master file
21comparison to determine whether amounts owed by the company on a life or
22endowment insurance policy or annuity contract were presumed abandoned or
23unclaimed.
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24Section
59. 177.0212 of the statutes is created to read:
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1177.0212 Deposit account for proceeds of insurance policy or annuity
2contract. If proceeds payable under a life or endowment insurance policy or annuity
3contract are deposited into an account with check or draft writing privileges for the
4beneficiary of the policy or contract and, under a supplementary contract not
5involving annuity benefits other than death benefits, the proceeds are retained by
6the insurance company or the financial organization where the account is held and
7the policy or contract includes the assets in the account, the assets in the account are
8subject to the same presumption of abandonment that is applied to the underlying
9policy or contract.
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10Section
60. 177.0214 of the statutes is created to read:
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11177.0214 Distributions by certain insurance company activities. (1)
12Subject to s. 177.0210, property distributable in the course of a demutualization of
13an insurance company is presumed abandoned.
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14(2) Subject to s. 177.0210, property distributable in the course of the dissolution
15of the Health Insurance Risk-Sharing Plan under
2013 Wisconsin Act 20, section
169122 (1L), and
2013 Wisconsin Act 116, section
32 (1) (b), is presumed abandoned.
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17Section
61. 177.03 of the statutes is repealed.
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18Section 62
. Subchapter III (title) of chapter 177 [precedes 177.0301] of the
19statutes is created to read:
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CHAPTER 177
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SUBCHAPTER III
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taking custody of property
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presumed abandoned
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24Section
63. 177.0301 of the statutes is created to read:
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1177.0301 Address of apparent owner to establish priority. (1) The
2last-known address of an apparent owner is any description, code, or other
3indication of the location of the apparent owner that identifies the state, even if the
4description, code, or indication of location is not sufficient to direct the delivery of 1st
5class mail to the apparent owner.
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6(2) If the zip code associated with the apparent owner is for a post office located
7in this state, this state is deemed to be the state of the last-known address of the
8apparent owner unless other records associated with the apparent owner specifically
9identify the physical address of the apparent owner to be in another state.
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10(3) If the address under sub. (2) is in another state, the other state is deemed
11to be the state of the last-known address of the apparent owner.
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12(4) The address of the apparent owner of a life or endowment insurance policy
13or annuity contract or its proceeds is presumed to be the address of the insured or
14annuitant if a person other than the insured or annuitant is entitled to the amount
15owed under the policy or contract and the address of the other person is not known
16by the insurance company and cannot be determined under s. 177.0302.
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17Section
64. 177.0302 of the statutes is created to read:
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18177.0302 Address of apparent owner in this state. Unless otherwise
19provided in this chapter or by another law of this state, if property is presumed
20abandoned, the property is subject to reporting to and custody of this state whether
21located in this state, another state, or a foreign country if any of the following applies: