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

5

Updated 13−14 Wis. Stats.

INSURANCE CONTRACTS GENERALLY

631.36

(2) EFFECT OF FAILURE TO OBTAIN EXPLICIT APPROVAL. If an insurer fails to obtain explicit approval from the commissioner for the clauses under sub. (1), the clauses shall be null and void.

prove those clauses under s. 631.20 upon a finding that improper combination of clauses makes them violate the criteria of s. 631.20.

History: 1975 c. 375; 1985 a. 280; 2007 a. 168. Cross−reference: See also ss. Ins 6.05 and 6.07, Wis. adm. code.

History: 1975 c. 375, 421; 1979 c. 221; 2007 a. 168. Cross−reference: See also s. Ins 6.76, Wis. adm. code.

631.22 Consumer insurance policy readability. (1) In this section “consumer insurance policy” means a life, disability, property or casualty insurance policy, or a certificate or a substi- tute for a certificate for group life, disability, property or casualty insurance coverage, which is issued to a person for a personal, family or household purpose and a copy of which is customarily, in the insurance industry, delivered or is required by law, rule or agreement to be delivered to the person obtaining insurance cov- erage.

(2) An insurer may provide a consumer insurance policy which is delivered to a person obtaining insurance coverage and is not exempt under sub. (5) only if the consumer insurance policy is coherent, written in commonly understood language, legible, appropriately divided and captioned by its various sections and presented in a meaningful sequence. The commissioner shall pro- mulgate rules establishing standards for the determination of com- pliance with this subsection.

(3) This section does not apply to specific language or format required by state or federal law, rule or regulation.

(4) This section applies only to consumer insurance policies delivered on or after the date which is 6 months after May 8, 1980 except the commissioner may provide by rule that this section will not apply to specific types of consumer insurance policies until a later date which is not later than the date which is 2 years after May 8, 1980 if the commissioner determines that delayed application is necessary to prevent an unreasonable burden upon insurers issu- ing those types of consumer insurance policies.

(5) The commissioner may by rule exempt a type of consumer insurance policy from the application of this section if the com- missioner finds that type of consumer insurance policy is gener- ally understood by persons to whom it is delivered or that those persons are otherwise adequately protected.

    • 631.24

      Credit life and disability insurance. Section

    • 631.20

      does not apply to credit life and disability insurance forms

which are subject to approval under s. 424.209.

History: 1979 c. 102.

631.27 Rules of law as provisions of contracts. By rule, the commissioner may require an insurer to insert in a policy any rule of law stated in chs. 600 to 646 and 655 that is applicable to the contents or interpretation of an insurance contract.

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

631.28

Notice

of

right

to

file

complaint.

(1)

REQUIRE-

MENT TO PROVIDE NOTICE. Every insurer shall provide notice to its policyholders and its insureds of the right to file a complaint with

the office in the manner prescribed by rule under sub. (2).

(2) CONTENTS BY RULE. The commissioner shall promulgate rules specifying the contents of a notice that insurers must dissem- inate under sub. (1), and when and in what manner the notice must be provided. The rules shall describe how a policyholder, insured or other person may make a complaint with the office about an insurer, an intermediary or other insurance matter. The rules may also specify the form, including the type size, in which insurers must present the notice.

History: 1991 a. 154. Cross−reference: See also s. Ins 6.85, Wis. adm. code.

SUBCHAPTER III

SPECIFIC CLAUSES IN CONTRACTS

Clauses required to be on first page. (1) LIST OF CLAUSES. The following clauses of insurance policies shall appear 631.31

on the first page of the policy:

(6) A violation of this section does not void or render voidable any portion of an insurance policy and is not a defense to an action under the insurance policy.

History: 1979 c. 218.

631.23

Authorized

clauses

for

insurance

forms.

(1) PROMULGATION OF CLAUSES. The commissioner may not pro- mulgate mandatory uniform clauses that preclude an insurer from filing its own forms under s. 631.20; the commissioner may only disapprove such forms on the basis of the criteria stated in that sec-

tion.

Subject thereto, the commissioner may promulgate autho-

rized clauses by rule upon a finding that:

(a) Price or coverage competition is ineffective because diver- sity in language or content makes comparison difficult;

(b) Provision of language, content or form of specific clauses is necessary to provide certainty of meaning of those clauses;

    • (a)

      Corporate name. The name of the insurer as required by

  • s.

    631.64;

    • (b)

      Several liability. Information that 2 or more insurers under-

take only several liability, as required by s. 631.41;

    • (c)

      Assessability. That the policy is assessable as required by

  • s.

    631.65;

    • (d)

      Variable benefits. A statement that benefits are variable,

as required by s. 632.45 (1); and

(e) Right to return policy. The right to return a disability insur- ance policy under s. 632.73, except that this clause may be con- spicuously attached to the first page rather than printed on it.

(2) MANNER OF DISPLAY. Clauses listed in sub. (1) shall be dis-

played conspicuously and separately from any other clauses. History: 1975 c. 375; 1981 c. 218.

631.36

Termination of insurance contracts by insur-

(c) Regulation of contract forms would be more effective or litigation would be substantially reduced if there were increased standardization of certain clauses; or

(d) Reasonable minimum standards of insurance protection are needed for policies to serve a useful purpose.

(2) DEGREE OF SPECIFICITY. Any rule creating an authorized clause may prescribe that to be treated as an authorized clause there must be verbatim or substantial adherence to prescribed lan- guage, that certain standards or criteria must be met, or that certain drafting principles must be followed. The rules may also permit liberalization of prescribed language. If the proposed rule pre- scribed verbatim adherence, the commissioner shall make a find- ing that substantial adherence to the prescribed language is not sufficient and that liberalization of prescribed language will frus- trate the purposes of the prescription. If an insurer uses authorized clauses as part of filed forms the commissioner may only disap-

ers. wise

(1) SCOPE OF APPLICATION. (a) General. Except as other- provided in this section or in other statutes or by rule under

par. (c), this section applies to all contracts of insurance based forms that are subject to filing under s. 601.58 or 631.20.

on

(b) Contracts more favorable to policyholder. The contract may provide terms more favorable to policyholders than are required by this section.

(c) Exemption by rule. The commissioner may by rule totally or partially exempt from this section classes or parts of classes of insurance contracts if the policyholders do not need protection against arbitrary or unannounced termination.

(d) Other rights. The rights provided by this section are in addition to and do not prejudice any other rights the policyholder may have at common law or under other statutes.

(e) Rescission or reformation. This section does not apply to the rescission or reformation of any insurance contract.

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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