Ins 17.35(2b)(c)2.2. The following minimum percentage of the annual aggregate limit specified in s. 655.23 (4), Stats., as it applied to the last reporting year of the canceled or nonrenewed claims-made policy shall be available for all claims reported under the extended reporting endorsement: 100% when the policy was in effect for 1 year or less, including any retroactive coverage period; 130% when the policy was in effect for more than 1 year, but less than or equal to 2 years, including any retroactive coverage period; 150% when the policy was in effect for more than 2 years, but less than or equal to 3 years, including any retroactive coverage period; 160% when the policy was in effect for more than 3 years, including any retroactive coverage period. Ins 17.35(2b)(d)(d) Unlimited extended reporting endorsements issued on and after January 1, 1999. On and after January 1, 1999 the minimum aggregate limit applicable to an unlimited extended reporting endorsement shall be that specified in par. (c) 2. Ins 17.35(2e)(b)(b) An insurer or self-insured provider that provides primary coverage under a group policy or self-insured plan shall do all of the following: Ins 17.35(2e)(b)1.1. At the time of original issuance of the policy or when the self-insured plan takes effect, and each time coverage for an individual provider is added: Ins 17.35(2e)(b)1.a.a. Furnish each covered provider with a copy of the policy or a certificate of coverage specifying the coverage provided and whether the coverage is limited to a specific practice location, to services performed for a specific employer or in any other way. Ins 17.35(2e)(b)1.b.b. Include on the first page of the policy or the certificate of coverage, or in the form of a sticker, letter or other form included with the policy or certificate of coverage, that it is the responsibility of the individual provider to ensure that he or she has health care liability insurance coverage meeting the requirements of ch. 655, Stats., in effect for all of his or her practice in this state, unless the provider is exempt from the requirements of that chapter. Ins 17.35(2e)(b)2.2. For a policy or self-insured plan in effect on October 1, 1993, furnish the documents specified in subd. 1. a. and b. to each individual covered provider before the next renewal date or anniversary date of the policy or self-insured plan. Ins 17.35(2e)(b)3.3. Notify each covered provider individually when the policy or self-insured plan is cancelled, nonrenewed or otherwise terminated, or amended to affect the coverage provisions. Ins 17.35(2e)(b)4.4. On the certificate of insurance filed with the fund under s. 655.23 (3) (b) or (c), Stats., and s. Ins 17.28 (5), specify whether the coverage is limited to a specific practice location, to services performed for a specific employer or in any other way. Ins 17.35(2m)(2m) Risk retention groups. If the policy is issued by a risk retention group, as defined under s. 600.03 (41e), Stats., each new and renewal application form shall include the following notice in 10-point type: NOTICE
Under the federal liability risk retention act of 1986 (15 USC 3901 to 3906) the Wisconsin insurance security fund is not available for payment of claims if this risk retention group becomes insolvent. In that event, you will be personally liable for payment of claims up to your limit of liability under s. 655.23 (4), Wis. Stat. Ins 17.35 NoteNote: Subsection (2m) first applies to applications taken on October 1, 1991.
Ins 17.35(3)(3) Permissible exclusions. A policy may exclude coverage, or permit subrogation against or recovery from the insured, for any of the following: Ins 17.35(3)(c)(c) Restraint of trade, anti-trust violations and racketeering. Ins 17.35(3)(e)(e) Employment, religious, racial, sexual, age and other unlawful discrimination. Ins 17.35(3)(g)(g) Acts that occurred before the effective date of the policy of which the insured was aware or should have been aware. Ins 17.35(3)(h)(h) Incidents occurring while a provider’s license to practice is suspended, revoked, surrendered or otherwise terminated. Ins 17.35(3)(i)(i) Criminal and civil fines, forfeitures and other penalties. Ins 17.35(3)(k)(k) Liability of the insured covered by other insurance, such as worker’s compensation, automobile, fire or general liability. Ins 17.35(3)(L)(L) Liability arising out of the ownership, operation or supervision by the insured of a hospital, nursing home or other health care facility or business enterprise. Ins 17.35(3)(m)(m) Liability of others assumed by the insured under a contract or agreement.