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Updated 2013−14 Wis. Stats. Published and certified under s. 35.18. January 1, 2015.

1

Updated 13−14 Wis. Stats.

INSURANCE CONTRACTS GENERALLY

631.05

CHAPTER 631 INSURANCE CONTRACTS GENERALLY

631.28

Notice of right to file complaint. SUBCHAPTER III

631.31 631.36 631.37 631.41 631.43 631.45 631.48 631.51 631.61 631.64 631.65 631.69 631.81 631.83 631.85 631.89 631.90 631.93 631.95

SPECIFIC CLAUSES IN CONTRACTS Clauses required to be on first page. Termination of insurance contracts by insurers. Special cancellation provisions. Policies jointly issued. Other insurance provisions. Limitations on loss to be borne by insurer. Nonwaiver clause. Dividends on policies. Group and blanket insurance. Corporate name. Assessable policies. Insurance written in connection with finance plans. Notice and proof of loss. Limitation of actions. Appraisal or arbitration. Restrictions on use of genetic test results. Restrictions on use of tests for HIV. Prohibited provisions concerning HIV infection. Restrictions on insurance practices; domestic abuse.

SUBCHAPTER I GENERAL RULES

    • 631.01

      Application of statutes.

    • 631.02

      Definition.

    • 631.03

      Insurance in mutuals.

    • 631.05

      Oral contracts of insurance and binders.

    • 631.07

      Insurable interest and consent.

    • 631.08

      Mistakes in contracts.

    • 631.09

      Knowledge and acts of agents.

    • 631.11

      Representations, warranties and conditions.

    • 631.13

      Incorporation by reference.

    • 631.15

      Contract rights under noncomplying policies.

    • 631.17

      Written reason for coverage denial. SUBCHAPTER II APPROVAL OF FORMS

    • 631.20

      Filing and approval of forms.

    • 631.21

      Explicit approval required.

    • 631.22

      Consumer insurance policy readability.

    • 631.23

      Authorized clauses for insurance forms.

    • 631.24

      Credit life and disability insurance.

    • 631.27

      Rules of law as provisions of contracts.

Cross−reference: See definitions in ss. 600.03 and 628.02. NOTE: Chapter 375, laws of 1975, which repealed and recreated this chapter, contains explanatory notes.

commissioner may by order subject such contracts issued by a particular insurer to this chapter or ch. 632 or any portion of those provisions upon a finding, after a hearing, that the interests of Wis- consin insureds or creditors or the public of this state so require.

SUBCHAPTER I

(4m)

RUSTPROOFING

WARRANTIES

INSURANCE.

An

insurer

issuing a policy of insurance to cover a warranty, as defined in s.

GENERAL RULES

100.205 (1) (g), shall comply with s. 632.18 be on a form approved by the commissioner

and the policy shall under s. 631.20.

631.01 Application of statutes. (1) GENERAL. This chap- ter and ch. 632 apply to all insurance policies and group certifi- cates delivered or issued for delivery in this state, on property ordinarily located in this state, on persons residing in this state when the policy or group certificate is issued, or on business operations in this state, except:

(5) OTHER EXCEPTIONS.

The commissioner may by rule

exempt

any

class

of

insurance

contract

or

insurer

from

any

or

all

of the provisions of this chapter and ch. 632 if consin insureds or creditors or of the public require such regulation.

the interests of Wis- of this state do not

History: 1975 c. 375, 421; 1985 a. 29; 1987 a. 247; 1991 a. 250; 1995 a. 242; 1997 a. 27; 2007 a. 168; 2011 a. 224.

(a) As provided in ss. 600.01 and 618.42;

(b) On business operations in this state if the contract is nego- tiated outside this state and if the operations in this state are inci- dental or subordinate to operations outside this state, unless the contract is for a policy of insurance to cover a warranty, as defined in s. 100.205 (1) (g), in which case the provisions set forth in sub. (4m) apply; and

(c) As otherwise provided in the statutes.

A stop−loss policy that provided that in case of catastrophic medical case, the employer would only be responsible for paying covered medical costs on an individ- ual case up to the stop−loss amount with the insurer paying the costs above that amount, was not a contract of reinsurance exempt from this section. Edstrom Indus- tries Inc. v. Companion Life, 516 F.3d 546 (2008).

631.02 Definition. “Interest of the insured”, when used in an insurance policy, includes the interest of the named insured and of any other person with whom the named insured holds the insured property in joint tenancy or as marital property.

(2)

REINSURANCE.

Sections

631.05,

631.15

(1),

631.41,

History: 1979 c. 102; 1983 a. 186.

631.45 and 631.81 apply to contracts used in reinsurance; the commissioner may specify by rule that reinsurance contracts are

subject

to

other

provisions

of

this

chapter

and

ch.

632

upon

a

find-

ing that the interests of Wisconsin insureds, domiciled in this state or of the public in this

of ceding insurers state so require.

  • (3)

    OCEAN MARINE INSURANCE. Sections 631.03 to 631.09,

    • 631.15

      (1) and (4), 631.20 (1), 631.27, 631.41 to 631.51, 631.64

to 631.81 and 631.85 apply to ocean marine insurance; the com- missioner may specify by rule that ocean marine contracts are sub- ject to other provisions of this chapter upon a finding that the inter- ests of Wisconsin insureds or creditors or of the public in this state so require.

(4) ANNUITIES AND GROUP POLICIES FOR ELEEMOSYNARY INSTI- TUTIONS. This chapter and ch. 632 do not apply to annuities or group policies that are provided on a basis as uniform nationally as state statutes permit to educational, scientific research, religious or charitable institutions organized without profit to any person, for the benefit of employees of such institutions. The

631.03 Insurance in mutuals. Any mutual under ch. 611 or 612 and any service corporation under ch. 613 may issue policies to any public or private corporation, board or association or to any unit of government, in any place in this state or elsewhere where it is authorized to do an insurance business. Any public or private corporation, board or association or unit of government in this state that is authorized to acquire insurance may make applica- tions, enter into agreements for and hold policies in any mutual insurer or service corporation authorized under ch. 611, 612, 613 or 618.

History: 1975 c. 375.

631.05 Oral contracts of insurance and binders. No provision of chs. 600 to 646 and 655 may be interpreted to forbid an oral contract of insurance or issuance of a written binder. The insurer shall issue a policy as soon as reasonably possible after issuance of any binder or negotiation of an oral contract.

History: 1975 c. 375; 1979 c. 89; 1989 a. 187 s. 29.

2013−14 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Jan. 1, 2015. Pub- lished and certified under s. 35.18. Changes effective after Jan. 1, 2015 are designated by NOTES. (Published 1−1−15)

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