Updated 2013−14 Wis. Stats. Published and certified under s. 35.18. January 1, 2015.
INSURANCE CONTRACTS GENERALLY
Updated 13−14 Wis. Stats.
Sub. (1) did not invalidate a provision excluding coverage for a vehicle not owned by the driver but made regularly available to him when the owner’s policy insured against losses arising from the use of the vehicle. The policies did not insure against the “same loss” within the meaning of sub. (1). Martin v. American Family Mutual Insurance Co. 2002 WI 40, 252 Wis. 2d 103, 643 N.W.2d 452, 00−2344.
Section 632.05 (2), the valued policy law, does not provide that an insured is entitled to the limits of all policies insuring a dwelling. Instead, sub. (1), the pro rata statute, specifically governs situations when two or more policies indemnify against the same loss. Absent the consent of the insurers, insureds are entitled to the full amount of their loss but not to the full amount of both policies if the combined limits exceed the actual loss. Wegner v. West Bend Mutual Insurance Company, 2007 WI App 18, 298 Wis. 2d 420, 728 N.W.2d 30, 05−3193.
Sub. (1) refers specifically to “other insurance” provisions. The accepted meaning of “other insurance” provisions does not include application to successive insurance policies. “Other insurance” refers only to two or more policies insuring the same risk, and the same interest, for the benefit of the same person, during the same period. The issue here was not which of two or more policies pays first, because they were not concurrent policies between competing insurers that applied to the same time period, but successive policies from the same insurer. Plastics Engineering Co. v. Liberty Mutual Insurance Co. 2009 WI 13, 315 Wis. 2d 556, 759 N.W.2d 613, 08−0333.
Stacking uninsured motorist coverage. Hannula, WBB Oct. 1985.
Limitations on loss to be borne by insurer.
GENERAL. An insurance policy indemnifying an insured
against loss may by clear language limit the part of the loss to be borne by the insurer to a specified or determinable maximum amount, to loss in excess of a specified or determinable amount, to a specified percentage of the loss, which may vary with the amount of the loss, or by a combination of these methods. If the policy covers various risks, different limitations may be provided separately for each risk if the policy clearly so states.
(2) PROPERTY COINSURANCE.
A policy indemnifying an
against loss of or damage to property may limit the part of
loss to be borne by the insurer to a percentage of the total loss
corresponds to the ratio of the insured sum to a specified per-
History: 1975 c. 375.
Public policy does not prohibit insurance coverage for statutorily imposed multiple damages. Cieslewicz v. Mutual Service Casualty Insurance Co. 84 Wis. 2d 91, 267 N.W.2d 595 (1978).
Under the facts of the case, the insurer’s tender of the policy limits into court did not relieve the insurer of its duty to defend the insured in the lawsuit. Gross v. Lloyds of London Insurance Co. 121 Wis. 2d 78, 358 N.W.2d 266 (1984).
Although a policy’s limit of liability language has been held invalid under s. 631.43 for the purpose of preventing stacking, it is still valid for determining each policy’s limit of liability. Schaefer v. General Cas. Co. 175 Wis. 2d 80, 498 N.W.2d 859 (Ct. App. 1993).
631.48 Nonwaiver clause. An insurer may insert in any insurance policy a provision that no change in the policy is valid unless approved by an executive officer of the insurer, or unless the approval is endorsed on the policy or attached to it, or both, and that no agent has authority to change the policy or waive any of its provisions. This does not preclude a person claiming a right under the policy from relying on waiver or estoppel in an appropri- ate case.
History: 1975 c. 375.
Dividends on policies. (1) LIFE INSURANCE AND
Section 632.62 applies to life insurance and annuities.
(2) INSURANCE, OTHER THAN LIFE INSURANCE AND ANNUITIES. Any insurer may distribute a portion of surplus attributable to poli- cies other than life insurance or annuities, in amounts and with classifications the board of directors determines to be fair and rea- sonable. Such distribution may not be made contingent on the continuation of the policy or of premium payments except under s. 632.75 (2). A schedule explaining the basis for the distribution shall be filed with the commissioner prior to the distribution.
(3) WHEN NOT SPECIFIED IN POLICY. Any insurer may distribute surplus to any class of policyholders even if those policies do not so provide. A schedule explaining the basis for the distribution shall be filed with the commissioner at least 30 days prior to the distribution.
(4) COMBINED DIVIDENDS. It is permissible to provide an indi- visible dividend to classes of policyholders having more than one type of policy, including a combination of life or annuities with other types of insurance.
History: 1975 c. 375.
Group and blanket insurance. (1) CERTIFICATES.
General. Except under par. (d), an insurer issuing a group
insurance policy other than blanket shall, as soon as practicable after the coverage is effective, provide a certificate for each mem- ber of the insured group, except that only one certificate need be provided for the members of a family unit. The certificate shall contain a summary of the essential features of the insurance cover- age, including any rights of conversion to an individual policy. Upon receiving a written request therefor, the insurer shall also inform any insured how the insured may inspect a copy of the policy during normal business hours at a place reasonably conve- nient to the insured.
(b) Blanket insurance. The commissioner may by rule impose a similar requirement for any class of blanket insurance policies for which the commissioner finds that the group of persons cov- ered is constant enough for such action to be practicable and not unreasonably expensive.
(c) Method of providing certificates. The certificate shall be provided in a manner reasonably calculated to bring it to the atten- tion of the certificate holder. The insurer may deliver or mail it directly to the certificate holder or may deliver or mail the certifi- cates in bulk to the policyholder to transmit to certificate holders, unless the insurer has reason to believe that the policyholder will not promptly transmit the certificates. An affidavit by the insurer that it has mailed the certificates in the usual course of business creates a rebuttable presumption that it has done so. As an alterna- tive to delivering or mailing the certificate, the insurer may make the certificate available electronically through an online internet or policyholder network Web site. If the insurer makes the certifi- cate available electronically, the insurer shall do all of the follow- ing:
1. Request the policyholder to post the information, as well as instructions on how to access the certificate, in the policyhold- er’s place of business or to publish the information and access instructions in a house organ that is reasonably calculated to bring the information to the attention of the certificate holders.
2. Provide notice to the policyholder of any subsequent change in the certificate and request the policyholder to notify the certificate holders of the change in the manner specified in subd. 1.
3. Provide a paper copy of the certificate to any certificate holder upon request.
(d) Substitutes. The commissioner may by rule or order pre- scribe substitutes for delivery or mailing of certificates, including booklets describing the coverage, the posting of notices in the place of business, or publication in a house organ, if the substitutes are reasonably calculated to inform certificate holders of their rights.
(2) EFFECT OF FAILURE TO ISSUE CERTIFICATES. Unless a certifi- cate or an authorized substitute has been made available to the cer- tificate holder as required by this section, no act or omission by the certificate holder after the coverage has become effective as to the certificate holder, other than intentionally causing the loss insured against, affects the insurer’s obligations under the insurance con- tract.
History: 1975 c. 375, 421; 2007 a. 170.
631.64 Corporate name. Every insurance policy or annuity contract shall conspicuously display the name of the insurer on its first page.
History: 1975 c. 375.
631.65 Assessable policies. Every assessable policy shall conspicuously display on the first page, separately from any other provision and in type at least as large as any used in the body of the policy, the words “This policy is assessable”.
History: 1975 c. 375; 1981 c. 218.
631.69 Insurance written in connection with finance plans. Any insurance contract written in connection with a finance plan or other credit transaction shall contain provisions to
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)