Certifications of disability.
Ch. 632 Cross-reference
See also ch. Ins 3
, Wis. adm. code.
Ch. 632 Note
NOTE: Chapter 375, laws of 1975
, which created subchapters I to VIII of Chapter 632, contains explanatory notes.
FIRE AND OTHER PROPERTY INSURANCE
Replacement cost of coverage.
An insurer may agree in a property insurance policy to indemnify the insured for the amount it would cost to repair, rebuild or replace the damaged or destroyed insured property with new materials of like size, kind and quality.
(2) Total loss.
Whenever any policy insures real property that is owned and occupied by the insured primarily as a dwelling and the property is wholly destroyed, without criminal fault on the part of the insured or the insured's assigns, the amount of the loss shall be taken conclusively to be the policy limits of the policy insuring the property.
Arson by one spouse did not bar the other from recovering fire insurance proceeds under a jointly owned policy that insured jointly owned property. Hedtcke v. Sentry Ins. Co. 109 Wis. 2d 461
, 326 N.W.2d 727
Sub. (2) does not exclude real property that is owned and occupied by the insured primarily as a dwelling solely because it is not the insured's primary residence, but to be covered under the statute the property must be "occupied by the insured primarily as a dwelling." Use is the core meaning of occupy in the context of this statute. The building must be used by the insured primarily as a residence. When the primary use of a building for at least 14 months before a fire had been renting it to others, sub. (2) did not apply. Cambier v. Integrity Mutual Insurance Company, 2007 WI App 200
, 305 Wis. 2d 337
, 738 N.W.2d 181
Sub. (2) requires the insured building be "occupied by the insured primarily as a dwelling." The insured's use must bear a relationship to actually living in the dwelling. The fact that the building was being renovated and refurbished does not affect its status as a dwelling. Whether or not a person ever slept in a house is not dispositive of whether he or she occupied it. A dwelling does not cease to be occupied as a dwelling if the people living there temporarily vacate the dwelling for renovations or if a purchaser engages in renovations before moving in. Johnson v. Mt. Morris Mutual Insurance Company, 2012 WI App 3
, 338 Wis. 2d 327
, 809 N.W.2d 53
History: 2007 a. 170
A provision for payment to a mortgagee or other owner of a security interest in property may be contained in or added by endorsement to any insurance policy protecting against loss or destruction of or damage to property. If the insurance covers real property, any loss not exceeding $500 shall be paid to the insured mortgagor despite the provision, unless the mortgagee is a named insured.
History: 1975 c. 375
; 1979 c. 102
Choice of law.
Every insurance against loss or destruction of or damage to property in this state or in the use of or income from property in this state is governed by the law of this state.
"Building and safety standards" means the requirements of chs. 101
and of any rule promulgated by the department of safety and professional services under ch. 101
, and standards of a 1st class city relating to the health and safety of occupants of buildings.
Execution of a release by the named insured.
Judgment of a court of competent jurisdiction.
(2) Excluded policies. Sections 632.10
do not apply to property insurance policies issued in any of the following circumstances:
On a one- or 2-family dwelling that is occupied by the named insured as a principal residence, if any of the following is satisfied:
Payment of final settlement. 632.102(1)(a)
The amount of the final settlement exceeds 50% of the total of all limits under all insurance policies covering the building and any other structure affixed to land that sustained the loss.
(2) Amount withheld.
The insurer shall withhold from payment of the final settlement an amount that is equal to the greater of the following:
The lesser of $7,500 or the limits under the policy for coverage of the building or other structure affixed to land that sustained the loss.
Within 10 days after withholding the amount determined under sub. (2)
, the insurer shall deliver written notice of the withholding to all of the following persons:
The building inspection official of the 1st class city in which the insured real property is located.
Any mortgagee or other lienholder who has an existing lien against the insured real property and who is named in the policy.
If the final settlement was determined by judgment, the court in which the judgment was entered, in addition to the persons described in subds. 1.
The notice of withholding shall include all of the following information:
That the withheld funds may be released to the named insured and other interests named in the policy if an official of the 1st class city determines under s. 632.103 (3)
that the building or other structure has been repaired or replaced or the site restored to a dust-free and erosion-free condition.
Procedure for payment of withheld funds. 632.103(1)(a)(a)
To qualify for reimbursement of expenses under sub. (2)
, the 1st class city must do any of the following:
Commence proceedings under s. 66.0413
or under a local ordinance relating to demolition or abatement of nuisances, with respect to the building or other structure for which the funds are withheld.
The 1st class city shall commence proceedings under par. (a) 1.
or obtain the release under par. (a) 2.
after the occurrence of the loss to the building or other structure by fire or explosion but within 90 days after delivery of the notice of withholding under s. 632.102 (3)
When proceedings described in par. (a) 1.
are commenced, the 1st class city shall notify, in writing, the insurer, the named insured and any mortgagee or other lienholder identified in the notice of withholding under s. 632.102 (3) (b) 2.
that the proceedings are commenced.
The 1st class city fails to commence proceedings described in par. (a) 1.
or obtain a release described in par. (a) 2.
within the period provided in par. (b)
The 1st class city fails to notify the insurer as provided in par. (c)
Costs incurred in the course of enforcing ss. 66.0413
or a local ordinance relating to demolition, with respect to the building or other structure for which the funds are withheld.
Costs incurred in acting in accordance with a release signed by the named insured consenting to demolition of the building or other structure with respect to which the funds are withheld.
Reasonable administrative expenses incurred in connection with activities described in subds. 1.
, including but not limited to expenses for inspection, clerical, supervisory and attorney services.
That the damaged or destroyed portions of the building or other structure with respect to which the funds are withheld have been repaired or replaced in compliance with applicable building and safety standards, except to the extent that the withheld funds are needed to complete repair or replacement.
First mortgage in default.
The insurer shall release to a mortgagee funds withheld under s. 632.102
, in an amount and within the period provided in sub. (2)
, if all of the following conditions are satisfied:
The mortgagee holds a first mortgage on the real property with respect to which the funds are being withheld, and the mortgage is in default.
The mortgage was executed before March 1, 1991.
The mortgagee delivers to the insurer a written request for release of the funds within 15 days after delivery of the notice of withholding under s. 632.102 (3)
(2) Amount released; timing.
If sub. (1)
is satisfied, the insurer shall release to the mortgagee all or any portion of the funds withheld with respect to the mortgaged property as is necessary to satisfy an outstanding first lien mortgage of the mortgagee. The insurer shall release the funds within 10 days after receiving the request under sub. (1) (c)
History: 1989 a. 347
Failure to file certificate.
No instrument executed by an insurer authorized to do a surety business is ineffective because of failure to file the certificate of its authority to do business in this state or a certified copy thereof; but the officer with whom any instrument so executed has been filed or any person who might claim the benefit thereof may by written notice require the person filing the instrument to have a certified copy of the certificate of authority filed with the officer, and unless the copy is filed within 8 days after receipt of the notice the instrument does not satisfy the requirement that the instrument be supplied.
(2) Satisfaction of obligations to provide surety.
An undertaking in appropriate terms issued by an insurer authorized to do a surety business satisfies and is complete compliance with any authorization or requirement in the law of this state respecting surety bonds, undertakings or other similar obligations, and shall be accepted as such by any official authorized to receive or empowered to require such an undertaking, subject to sub. (1)
Rustproofing warranties insurance.
A policy of insurance to cover a warranty, as defined in s. 100.205 (1) (g)
, shall fully cover the financial integrity of the warranty.
History: 1985 a. 29
Vehicle protection product warranty insurance policy. 632.185(2)(b)
The policy states that the issuer of the policy will reimburse or pay on behalf of the warrantor all covered sums that the warrantor is legally obligated to pay or will provide the service that the warrantor is legally obligated to perform according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor.
The policy states that if the warrantor does not provide payment due under the terms of the warranty within 60 days after the warranty holder has filed proof of loss according to the terms of the warranty, the warranty holder may file for a reimbursement directly with the issuer of the warranty reimbursement insurance policy.
The policy provides that the issuer of the warranty reimbursement insurance policy has received payment of the premium if the warranty holder paid for the vehicle protection product covered under the insured warranty and that the insurer's liability under the policy may not be reduced or relieved by a failure of the warrantor to report to the insurer the issuance of a warranty.
The policy may not be canceled by the issuer until a written notice of cancellation has been mailed or delivered to the commissioner and the insured warrantor.
If the warrantor has filed the policy with the commissioner and the issuer cancels the policy, the warrantor shall do one of the following:
File a copy of a new policy with the commissioner, before the termination of the prior policy, providing no lapse in coverage following the termination of the prior policy.
Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and the commissioner accepts it.
History: 2003 a. 302
LIABILITY INSURANCE IN GENERAL
History: 1975 c. 375
Prohibited exclusions in aircraft insurance policies.
No policy covering any liability arising out of the ownership, maintenance or use of an aircraft, may exclude or deny coverage because the aircraft is operated in violation of air regulation, whether derived from federal or state law or local ordinance.
History: 1975 c. 375
History: 1975 c. 375
There is neither a statutory nor a constitutional right to have all parties identified to a jury, but as a procedural rule, the court should in all cases apprise the jurors of the names of all the parties. Stoppleworth v. Refuse Hideway, Inc. 200 Wis. 2d 512
, 546 N.W.2d 870
(Ct. App. 1996), 93-3182
This section allows direct actions against a negligence insurer for negligence claims. It does not allow a plaintiff in a contract action to sue the defendant's insurer. Rogers v. Saunders, 2008 WI App 53
, 309 Wis. 2d 238
, 750 N.W.2d 477
This section does not speak to whether the timely answer of an insured denying liability may inure to the benefit of a defaulting insurance company so as to preclude a judgment by default against it for the plaintiff's damages. The timely answer of the codefendant insureds denying the liability of all defendants did not preclude default judgment against the insurer on the issue of liability and damages upon the insurer's acknowledged default. Estate of Otto v. Physicians Insurance Company of Wisconsin, Inc. 2008 WI 78
, 311 Wis. 2d 84
, 751 N.W.2d 805
An insurer's failure to join in an insured motorist's petition to remove the case to federal court necessitated a remand to state court. Padden v. Gallaher, 513 F. Supp. 770
That failure to give any notice required by the policy within the time specified does not invalidate a claim made by the insured if the insured shows that it was not reasonably possible to give the notice within the prescribed time and that notice was given as soon as reasonably possible.
The second change corrects an error. The word "shall" was used in the fourth draft of the bill that ultimately became ch. 375, laws of 1975, and was not changed in the addendum to the fourth draft, dated July 14, 1975. Those documents went to the insurance laws revision committee and then to the legislative council for action. Nothing appears in the minutes of the committee's meeting of July 14, 1975 to indicate that a change was made. But in LRB-6218/1 of 1975, "may" appears instead of "shall". That error, which was probably inadvertent and the source of which we have not been able to trace, was carried on into the final enactment.
Subs. (1) (b) and (2) are related. The first is a required provision in the policy. The 2nd is a rule of law. It is preferable not to go too far in inserting excuses into the policy. Sub. (1) (b) encourages the insured not to give up automatically if notice is not timely given, but insertion of sub. (2) into the policy would arguably encourage an unduly long delay that might prejudice both parties. [Bill 146-S]
Section 631.81, applicable to insurance contracts generally, and this section, which sets forth required notice provisions in "every liability insurance policy," govern failure to give timely notice. Whether proceeding under s. 631.81 or this section, the circuit court must decide whether the insurer was prejudiced. The finding of untimeliness is not solely dispositive. Anderson v. Aul, 2014 WI App 30
, 353 Wis. 2d 238
, 844 N.W.2d 636
Except as otherwise provided, this section applies to every policy of insurance issued or delivered in this state against the insured's liability for loss or damage resulting from accident caused by any motor vehicle, whether the loss or damage is to property or to a person.
"Commercial automobile liability policy" means a liability insurance policy that is intended principally to provide primary coverage for the insured's liability arising out of the ownership, maintenance, or use of a motor vehicle in the insured's business or other commercial activities.