30,48
Section
48. 645.68 (intro.) of the statutes is amended to read:
645.68 Order of distribution. (intro.) The order of distribution of claims from the insurer's estate shall be as stated in this section. The first $50 of the amount allowed on each claim in the classes under subs. (2) (3) to (6), except for claims of the federal government under subs. (3) and (3c), shall be deducted from the claim and included in the class under sub. (8). Claims may not be cumulated by assignment to avoid application of the $50 deductible provision. Subject to the $50 deductible provision, every claim in each class shall be paid in full or adequate funds retained for the payment before the members of the next class receive any payment. No subclasses shall be established within any class. That portion of any loss for which indemnification is provided by other benefits or advantages recovered or recoverable by the claimant shall not be included in the classes under subs. (3) and (3m), other than benefits or advantages recovered or recoverable in discharge of familial obligations of support or by way of succession at death or as proceeds of life insurance, or as gratuities. No payment made by an employer to an employe shall be treated as a gratuity. The claims described in s. 645.69 are among the claims not subject to subs. (3) and (3m).
30,49
Section
49. 645.68 (2) of the statutes is renumbered 645.68 (3r).
30,50
Section
50. 645.68 (3) of the statutes is amended to read:
645.68 (3) Loss claims. All claims under policies for losses incurred, including third party claims, and all claims against the insurer for liability for bodily injury or for injury to or destruction of tangible property which are not under policies and federal, state and local government claims, except the first $200 of losses otherwise payable to any claimant under this subsection other than the federal government. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds or investment values, shall be treated as loss claims. Claims may not be cumulated by assignment to avoid application of the $200 deductible provision. That portion of any loss for which indemnification is provided by other benefits or advantages recovered or recoverable by the claimant shall not be included in this class, other than benefits or advantages recovered or recoverable in discharge of familial obligations of support or by way of succession at death or as proceeds of life insurance, or as gratuities. No payment made by an employer to an employe shall be treated as a gratuity. The claims described in s. 645.69 are among the claims not subject to this subsection.
30,51
Section
51. 645.68 (3c) of the statutes is created to read:
645.68 (3c) Federal government claims and interest. Claims of the federal government not included under sub. (3), and interest at the legal rate compounded annually on all claims in the class under this subsection, and on all claims of the federal government in the class under sub. (3), from the date of the petition for liquidation or the date on which the claim becomes due, whichever is later, until the date on which the dividend is declared.
30,52
Section
52. 645.68 (3m) of the statutes is created to read:
645.68 (3m) Certain injury claims. Claims against the insurer that are not under policies and that are for liability for bodily injury or for injury to or destruction of tangible property.
30,53
Section
53. 645.68 (3r) (c) of the statutes is created to read:
645.68 (3r) (c) Notwithstanding pars. (a) and (b) and subs. (3), (3c) and (3m), if there are no claims of the federal government, the claims in the class under this subsection shall have priority over all claims in the classes under subs. (3) to (11).
30,54
Section
54. 645.68 (5) of the statutes is amended to read:
645.68 (5) Residual classification. All other claims, including claims of the federal or any state or local government, not falling within other classes under this section and claims described in s. 645.69. Claims, including those of any state or local governmental body, for a penalty or forfeiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby. The remainder of such claims shall be postponed to the class of claims under sub. (8).
30,55
Section
55. 645.68 (7) of the statutes is amended to read:
645.68 (7) Interest on claims already paid. Interest at the legal rate compounded annually on all claims in the classes under subs. (1) to (6), except for claims of the federal government in the classes under subs. (3) and (3c), from the date of the petition for liquidation or the date on which the claim becomes due, whichever is later, until the date on which the dividend is declared. The liquidator, with the approval of the court, may make reasonable classifications of claims for purposes of computing interest, may make approximate computations and may ignore certain classifications and time periods that are trifling.
30,56
Section
56. 645.68 (8) (a) of the statutes is amended to read:
645.68 (8) (a) The Except for claims of the federal government under subs. (3) and (3c), the first $50 of each claim in the classes under subs. (2) (3) to (6) subordinated under this section;.
30,57
Section
57. 645.68 (8) (b) of the statutes is amended to read:
645.68 (8) (b) Claims under s. 645.63 (2);
.
30,58
Section
58. 645.68 (8) (c) of the statutes is amended to read:
645.68 (8) (c) Claims subordinated by s. 645.90;.
30,59
Section
59. 645.68 (8) (d) of the statutes is amended to read:
645.68 (8) (d) Claims filed late;.
30,60
Section
60. 645.68 (8) (e) of the statutes is amended to read:
645.68 (8) (e) Portions of claims subordinated under sub. (5);.
30,61
Section
61. 645.68 (8) (f) of the statutes is amended to read:
645.68 (8) (f) Claims or portions of claims payment of which is provided by other benefits or advantages recovered or recoverable by the claimant; and.
30,62
Section
62. 646.13 (1) (b) (intro.) of the statutes is renumbered 646.13 (1) (b) and amended to read:
646.13 (1) (b) Stand in the position of the insurer in the investigation, compromise, settlement, denial and payment of claims under s. 646.31 and the defense of 3rd party claims against insureds, subject to the limitations of s. 645.43. The board shall consult and cooperate with the liquidator in carrying out these duties. The board has no duties or liabilities with respect to any claim filed as follows:
30,63
Section
63. 646.13 (1) (b) 1. of the statutes is renumbered 646.13 (3) (a) and amended to read:
646.13 (3) (a) With the liquidator under s. 645.61 after the date for filing specified by the liquidator under s. 645.47 (2), unless the liquidator determines that the claim is considered to have been timely filed under s. 645.61 (2) and the claim participates fully in the same every distribution to the same extent as other timely filed claims in the same class.
30,64
Section
64. 646.13 (1) (b) 2. of the statutes is renumbered 646.13 (3) (b) and amended to read:
646.13 (3) (b) With a liquidator or court under the laws of any other state after the date for filing specified by the liquidator or court, unless the liquidator or court determines that the claim is considered to have been timely filed under a law substantially similar to s. 645.61 (2) and the claim participates fully in the same every distribution to the same extent as other timely filed claims in the same class.
30,65
Section
65. 646.13 (2) (e) of the statutes is created to read:
646.13 (2) (e) Pursue salvage and subrogation with respect to paid covered claim obligations and retain any amounts recovered.
30,66
Section
66. 646.13 (2) (f) of the statutes is created to read:
646.13 (2) (f) Appoint and direct legal counsel for the defense of covered claims under insurance policies.
30,67
Section
67. 646.13 (3) (intro.) of the statutes is created to read:
646.13 (3) No duty or liability. (intro.) The board has no duty or liability with respect to any claim filed as follows:
30,68
Section
68. 646.13 (3) (c) of the statutes is created to read:
646.13 (3) (c) Except for claims under life insurance policies, annuities and noncancelable or guaranteed renewable disability insurance policies and except for claims determined to be excused late filings as provided in pars. (a) and (b), with a liquidator or court after the earlier of the following:
1. Eighteen months after the order of liquidation is entered.
2. The final date for filing specified by the liquidator or court.
30,69
Section
69. 646.13 (4) of the statutes is created to read:
646.13 (4) When duty to defend terminates. Any obligation of the board to defend an insured ceases upon the board's payment, by settlement releasing the insured or on a judgment, of an amount equal to the lesser of the board's covered claim obligation limit or the applicable policy limit, subject to any express policy terms regarding tender of limits.
30,70
Section
70. 646.15 (1) (a) 2. of the statutes is amended to read:
646.15 (1) (a) 2. The institution or further prosecution of any action or proceeding involving the insurer or in which the board is obligated to defend a party.
30,71
Section
71. 646.31 (1) (a) of the statutes is amended to read:
646.31 (1) (a) Issued by authorized insurer. The claim arises out of an insurance policy or annuity issued by an insurer which is in liquidation and which was authorized to do business in this state either at the time the policy or annuity was issued or when the insured event occurred, and against which an order of liquidation, which is not stayed, has been entered by a court of competent jurisdiction in the insurer's domiciliary state.
30,72
Section
72. 646.31 (1) (cm) of the statutes is created to read:
646.31 (1) (cm) Termination of coverage. Except for claims under life insurance policies, annuities or noncancelable or guaranteed renewable disability insurance policies, the claim arises within 30 days after the order of liquidation is entered or before any of the following occur:
1. The policy expires, if the expiration date is less than 30 days after the order of liquidation is entered.
2. The insured replaces or cancels the policy, if either action is taken within 30 days after the order of liquidation is entered.
30,73
Section
73. 646.31 (2) (c) of the statutes is amended to read:
646.31 (2) (c) Owners of property interests. The first-party claim of a person having an insurable interest in or related to property which was situated with a permanent location in this state at the time of the insured event.
30,74
Section
74. 646.31 (2) (d) (intro.) and 1. of the statutes are consolidated, renumbered 646.31 (2) (d) and amended to read:
646.31 (2) (d) Third party claimants. A claim under a liability or workers' compensation insurance policy, if: 1. Either either the insured or the 3rd party claimant was a resident of this state at the time of the insured event;
.
30,75
Section
75. 646.31 (2) (d) 2. of the statutes is repealed.
30,76
Section
76. 646.31 (2) (d) 3. of the statutes is repealed.
30,77
Section
77. 646.31 (6) (a) of the statutes is amended to read:
646.31 (6) (a) The portion of a loss claim for which indemnification is provided by other benefits or advantages, which may not be included in the class classes of claims defined by specified in s. 645.68 (3) (intro.), may not be claimed from the fund under this chapter.
30,78
Section
78. 646.31 (13) of the statutes is created to read:
646.31 (13) Residency. For purposes of determining residency in this section, the residency of a claimant, insured or policyholder that is not a natural person is the state in which the claimant's, insured's or policyholder's principal place of business is located.
30,79
Section
79. 646.51 (9) of the statutes is created to read:
646.51 (9) Obligation to contribute ceases. (a) Except as provided in par. (b), if an insurer's license or certificate of authority to do business in this state terminates or expires, the insurer's obligation to pay assessments under this section ceases beginning on the day after the insurer's license or certificate of authority terminates or expires.
(b) An insurer whose license or certificate of authority to do business in this state terminates or expires remains liable after the termination or expiration to pay all of the following:
1. Assessments made or called before the insurer's license or certificate of authority terminated or expired.
2. Assessments made or called after the insurer's license or certificate of authority terminated or expired that relate to a liquidation order entered before the insurer's license or certificate of authority terminated or expired.
30,80
Section
80. 646.60 (1) (a) of the statutes is amended to read:
646.60 (1) (a) Settlements by the fund. The liquidator is bound by determinations and settlements of covered loss claims, and by payments of claims, made by the board under this chapter.
30,81
Section
81. 646.60 (1) (b) (intro.) of the statutes is amended to read:
646.60 (1) (b) Settlements by comparable funds. (intro.) The liquidator is bound by determinations and settlements of covered loss claims, and by payments of claims, made by funds or organizations of other states that are comparable to the fund under this chapter provided if all of the following apply:
30,82
Section
82. 646.60 (1) (b) 1. of the statutes is amended to read:
646.60 (1) (b) 1. That the The laws of the other states give equivalent recognition to the determinations and settlements of loss claims, and to payments of claims, made by the fund; and.
30,83
Section
83. 646.60 (1) (b) 2. of the statutes is amended to read:
646.60 (1) (b) 2. That if If the same claim is reported as paid by 2 or more funds, payment shall be to the fund with a prior obligation under s. 646.31 (7) (9).
30,84
Section
84.
Initial applicability.
(1) The treatment of sections 601.13 (2), 645.68 (intro.), (2), (3), (3c), (3m), (3r) (c), (5), (7) and (8) (a), (b), (c), (d), (e) and (f), 646.13 (3) (c) and 646.31 (1) (cm) of the statutes first applies to liquidation proceedings for which liquidation orders are entered on the effective date of this subsection.
(2) The treatment of sections 646.13 (1) (b) (intro.), 1. and 2., (2) (e) and (f), (3) (intro.) and (4), 646.15 (1) (a) 2., 646.31 (1) (a), (2) (c) and (d) (intro.), 1., 2. and 3., (6) (a) and (13), 646.51 (9) and 646.60 (1) (a) and (b) (intro.), 1. and 2. of the statutes first applies to liquidation proceedings pending on the effective date of this subsection.
(3) The treatment of sections 76.635 (2) and (3) and 76.67 (2) of the statutes first applies to taxable years beginning on January 1, 1999.
