LRB-1033/1
RPN:jlg:km
1999 - 2000 LEGISLATURE
June 15, 1999 - Introduced by
Law Revision Committee. Referred to Committee
on Insurance.
AB385,1,3
1An Act to amend 601.73 (2) (c) of the statutes;
relating to: time limits on the
2service of process on the commissioner of insurance (suggested as remedial
3legislation by the office of the commissioner of insurance).
Analysis by the Legislative Reference Bureau
Under current law, as amended by
1997 Wisconsin Act 187, a defendant has 45
days after the receipt of a complaint to answer the complaint. Before
1997 Wisconsin
Act 187, the defendant had 20 days after the receipt of a complaint to answer the
complaint. Under current law, the commissioner of insurance is constituted as the
attorney to receive service of a summons, orders and other legal pleadings for any
insurer who does not have a registered agent for service of process in this state.
Current law provides that a default judgment may not be entered against a
defendant who has been served with legal process by substituted service on the
commissioner of insurance until the expiration of 20 days after the commissioner
mails a copy of the legal documents to the defendant. This bill changes that 20-day
waiting period to 45 days for the entering of a default judgment when substituted
service is made on the commissioner of insurance.
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the office of the commissioner of insurance and introduced by the
law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the
various provisions of the bill, the law revision committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
AB385, s. 1
1Section
1. 601.73 (2) (c) of the statutes is amended to read:
AB385,2,52
601.73
(2) (c)
Default judgment. No plaintiff or complainant is entitled to a
3judgment by default in any proceeding in which process is served under this section
4and s. 601.72 until the expiration of
20 45 days
from after the date of mailing of the
5process under par. (b).
Note: 1997 Wisconsin Act 187 changed from 20 to 45 days the period of time which
the defendant has, after receipt of a complaint, to answer the complaint. However, it did
not make a corresponding change in current law under which the commissioner of
insurance is the attorney to receive service of a summons, orders or other legal
proceedings for an insurer who does not have a registered agent for receipt of service of
process in this state. This provision amends the provision under which a default
judgment may not be entered against a defendant who has been served with legal process
by substituted service on the commissioner of insurance to provide that the judgment
may not be entered until the expiration of 45 days after the date on which the
commissioner mails a copy of the legal documents to the defendant.
AB385,2,97
(1)
Substituted service. The treatment of section 601.73 (2) (c) of the statutes
8first applies to service of process made on the commissioner of insurance on the
9effective date of this subsection.
Note: This provision provides that the change in the entering of a default judgment
from 20 to 45 days after the date of mailing will first apply to any service of process made
on the commissioner on the effective date of the provision.
