(10) Report as evidence.
In any proceeding by or against the examinee or any officer or agent thereof the examination report as adopted by the commissioner shall be admissible as evidence of the facts stated therein. In any proceeding commenced under ch. 645
, the examination report whether adopted by the commissioner or not shall be admissible as evidence of the facts stated therein. In any proceeding by or against the examinee, the facts asserted in any report properly admitted in evidence shall be presumed to be true in the absence of contrary evidence.
History: 1977 c. 203
; 1979 c. 102
, 236 (6)
, (17); 1991 a. 316
See also ch. Ins 5
, Wis. adm. code.
Examination costs. 601.45(1)(1)
Costs to be paid by examinees.
The reasonable costs of examinations and audits under ss. 601.43
, and 601.83 (5) (f)
shall be paid by examinees except as provided in sub. (4)
, either on the basis of a system of billing for actual salaries and expenses of examiners and other apportionable expenses, including office overhead, or by a system of regular annual billings to cover the costs relating to a group of companies, or a combination of such systems, as the commissioner may by rule prescribe. Additional funding, if any, shall be governed by s. 601.32
. The commissioner shall schedule annual hearings under s. 601.41 (5)
to review current problems in the area of examinations.
(2) Duty to pay.
The amount payable under sub. (1)
shall become due 10 days after the examinee has been served a detailed account of the costs.
The commissioner may require any examinee, before or from time to time during an examination, to deposit with the secretary of administration such deposits as the commissioner deems necessary to pay the costs of the examination. Any deposit and any payment made under subs. (1)
shall be credited to the appropriation account under s. 20.145 (1) (g) 1.
On the examinee's request or on the commissioner's own motion, the commissioner may pay all or part of the costs of an examination from the appropriation under s. 20.145 (1) (g) 1.
, whenever the commissioner finds that because of the frequency of examinations or other factors, imposition of the costs would place an unreasonable burden on the examinee. The commissioner shall include in his or her annual report information about any instance in which the commissioner applied this subsection.
Deposits and payments under this section shall not be deemed to be a tax or license fee within the meaning of any statute. If any other state charges a per diem fee for examination of examinees domiciled in this state, any examinee domiciled in that other state shall be required to pay the same fee when examined by the insurance office of this state.
See also s. Ins 16.01
, Wis. adm. code.
Commissioner's records and reports. 601.46(1)(1)
The commissioner shall maintain the records required by law and those necessary to provide for the continued effective operation of the office, to constitute an adequate and proper recording of its activities and to protect the rights of the people of this state. The records shall be preserved in the office except as provided in s. 16.61
(2) Record of proceedings and activities.
The commissioner shall maintain a permanent record of proceedings and important activities, including a concise statement of the condition of each insurer visited or examined, and including a record of all certificates of authority and licenses issued.
(3) Annual reports.
Prior to September 1 of each year, the commissioner shall submit a report to the governor and to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2)
, which shall include, for the preceding calendar year:
A general review of the insurance business in this state, including a report on emerging regulatory problems, developments and trends, including trends related to prescription drugs;
A summary of the complaints made to or processed by the office about insurers, agents and others connected with insurance, and information about their disposition;
A summary of rules promulgated and circular letters distributed;
A list of all insurers authorized to do business in this state during the year, with appropriate and useful information concerning them; including a list of insurers organized, admitted, merged or withdrawn;
A list of all revocations of licenses or certificates of authority and the reasons therefor;
A summary of receipts and expenses, including the information required to be included by s. 601.45 (4)
The kind and amount of insurance carried in all state insurance funds under chs. 604
together with the amount of premiums collected, the source and nature of any other income, and the disbursements made. The report shall state separately the premiums, losses, the kind and amount of insurance carried on state property, and on other than state property; and
Such other information on the general conduct and condition of insurers doing business in this state as the commissioner or the governor deems necessary or as is prescribed by law.
(4) Public inspection.
All records and reports shall be open to public inspection unless specifically otherwise provided by statute or by rule.
(5) Copies of records.
The commissioner shall provide to any person on request certified or uncertified copies of any record in the department that is open to public inspection.
The commissioner shall reimburse the legislative audit bureau for the cost of audits required to be performed under s. 13.94 (1) (de)
Nondisclosure of information. 601.465(1m)(1m)
Types of information.
The office may refuse to disclose and may prevent any other person from disclosing any of the following:
Testimony, reports, records and information that are obtained, produced or created in the course of an inquiry under s. 601.42
Except as provided in s. 601.44 (6)
, testimony, reports, records and information that are obtained, produced or created in the course of an examination under s. 601.43
Testimony, reports, records, communications, and information that are obtained by the office from, or provided by the office to, any of the following, under a pledge of confidentiality or for the purpose of assisting or participating in monitoring activities or in the conduct of an inquiry, investigation, or examination:
An agent or employee of the National Association of Insurance Commissioners.
An agent or employee of the insurance commissioner of another state.
An international, federal, state or local regulatory or law enforcement agency.
An agent or employee of the International Association of Insurance Supervisors.
A fund or other entity in another state, or an association acting on behalf of the fund or other entity, that is organized for the same purpose as the security fund created under ch. 646
Biographical data reported under s. 611.54 (1)
relating to directors or principal officers of a corporation.
Notwithstanding sub. (1m)
and subch. II of ch. 19
, it is presumed that nonpublic documents and information provided by an insurer to the office under s. 601.42
are proprietary and confidential and that the potential for harm and competitive disadvantage to the insurer if the documents and information are made public by the office outweighs the public interest in the disclosure of the documents and information.
With notice to the insurer, the presumption under par. (a)
may be rebutted by the requesting party presenting clear and convincing evidence to a court of competent jurisdiction that the public interest in the disclosure of the documents and information substantially outweighs the potential for harm or competitive disadvantage to the insurer if the documents and information are disclosed and that the public interest concerns cannot be addressed without the disclosure of the documents and information. If the presumption under par. (a)
is successfully rebutted, disclosure of the documents and information shall be made only to the extent necessary to protect the public interest.
does not apply to the commissioner's discretion to disclose documents and information provided by an insurer to the office under s. 601.42
as a part of an enforcement proceeding the commissioner brings under s. 601.64
(2m) Waiver and applicability of the privilege.
All of the following apply to the privilege under this section:
The privilege may be waived only by the affirmative written and specific consent of the commissioner.
The privilege applies to testimony, reports, records, communications, and information obtained, created, or provided by any official, employee, or agent of the office for the purpose of assisting or participating in monitoring activities or in the conduct of an inquiry, investigation, or examination by, or coordinated through, the National Association of Insurance Commissioners.
The privilege applies to testimony, reports, records, communications, and information in existence on or after April 9, 2008.
Privileged information is not subject to subpoena or discovery and is not admissible as evidence in any private civil action.
The commissioner may not be compelled to testify concerning privileged information in any private civil action.
No person, while acting under the authority of the commissioner, may testify concerning privileged information in any private civil action.
The privilege is not waived as a result of the commissioner sharing information as authorized under sub. (1m)
This section does not apply to any of the following:
Own risk and solvency assessment reports and related information provided by an insurer under ch. 622
, which are subject only to the confidentiality provisions in ch. 622
Enterprise risk filing and any related information provided by an insurer under rules promulgated under s. 617.12
, which are not subject to subch. II of ch. 19
and are subject only to any confidentiality provisions of rules promulgated under s. 617.12
Reports of internal control over financial reporting and any related information provided by an insurer under s. Ins 50.17
, Wis. Adm. Code, which are not subject to subch. II of ch. 19
and are subject only to the confidentiality provisions of s. Ins 50.17 (6) (b)
, Wis. Adm. Code.
All information protected under s. 610.80 (4)
, including the corporate governance annual disclosures and related information, which is subject only to the confidentiality provisions in s. 610.80 (4)
Group capital calculation and liquidity stress test filings and any related information provided by an insurer under rules promulgated under s. 617.13 (1)
, which are not subject to subch. II of ch. 19
and are subject only to the confidentiality provisions of s. 617.13 (2)
See also s. Ins 6.13
, Wis. adm. code.
The commissioner may prepare books, pamphlets, and other publications relating to insurance and sell them in the manner and at the prices the commissioner determines. The cost of publication and distribution may be paid from the appropriation under s. 20.145 (1) (g) 1.
(2) Annual report.
The commissioner shall determine the form for the report required in s. 601.46 (3)
and shall have the report published in sufficient quantity to meet all requests for copies. The commissioner shall distribute copies upon request to any person who pays the price determined for the report under sub. (1)
(3) Free distribution.
The commissioner may furnish free copies of the publications prepared under subs. (1)
to public officers and libraries in this state and elsewhere. The cost of free distribution shall be charged to the appropriation under s. 20.145 (1) (g) 1.
Participation in organizations. 601.48(1)(1)
National Association of Insurance Commissioners.
The commissioner and the office of the commissioner shall maintain close relations with the commissioners of other states and shall participate in the activities and affairs of the National Association of Insurance Commissioners and other organizations so far as it will, in the judgment of the commissioner, enhance the purposes of chs. 600
. The actual and necessary expenses incurred thereby shall be reimbursed out of the appropriation under s. 20.145 (1) (g) 1.
The office shall maintain accreditation with the National Association of Insurance Commissioners.
Notwithstanding s. 230.14
, the commissioner may adopt minimum education and certification requirements for job classification levels that monitor the financial solvency of insurers as necessary to meet accreditation and best practice standards established by the National Association of Insurance Commissioners. Any minimum education and certification requirement adopted under this paragraph shall apply only to employees placed into the classification level after the requirement is adopted and may not apply to employees who were in that classification level prior to the adoption of the requirement.
(2) Consultation in regulation.
The commissioner may exchange information and data and consult with other persons in order to improve and carry out insurance regulation.
Access to records.
The commissioner shall have access to the records of any agency of the state government or of any political subdivision thereof which the commissioner may wish to consult in discharging his or her duties.
History: 1979 c. 102
Provision of certified copies and notices. 601.51(1)(1)
On request of any insurer authorized to do a surety business and its payment of the fee under s. 601.31 (1)
, the commissioner shall mail a certified copy of its certificate of authority to any designated public officer in this state who requires such a certificate before accepting a bond. That public officer shall file it. Whenever a certified copy has been furnished to a public officer it is unnecessary, while the certificate remains effective, to attach a copy of it to any instrument of suretyship filed.
(2) Notice of revocation of certificate.
Whenever the commissioner revokes the certificate of authority of any insurer authorized to do a surety business, the commissioner shall immediately give notice thereof to each officer who was sent a certified copy under sub. (1)
Legislative Council Note, 1975: This continues the substance of s. 204.04 (1) and (2). [Bill 642-S]