632.775 Effect of power of attorney for health care.
632.78 Required grace period for disability insurance policies.
632.785 Notice of mandatory risk-sharing plan.
632.79 Notice of termination of group hospital, surgical or medical expense insurance coverage due to cessation of business or default in payment of premiums.
632.793 Notice of loss of primary insurance coverage due to age.
632.795 Open enrollment upon liquidation.
632.797 Disclosure of group health claims experience.
632.80 Restrictions on medical payments insurance.
632.81 Minimum standards for certain disability policies.
632.82 Renewability of long-term care insurance policies.
632.825 Midterm termination of long-term care insurance policy by insured.
632.84 Benefit appeals under certain policies.
632.86 Restrictions on pharmaceutical services.
632.87 Restrictions on health care services.
632.875 Independent evaluations relating to chiropractic treatment.
632.88 Policy extension for handicapped children.
632.89 Required coverage of alcoholism and other diseases.
632.895 Mandatory coverage.
632.896 Mandatory coverage of adopted children.
632.897 Hospital and medical coverage for persons insured under individual and group policies.
632.898 Medical savings accounts.
SUBCHAPTER VII
FRATERNAL INSURANCE
632.93 The fraternal contract.
632.95 Fraud in obtaining membership.
632.96 Beneficiaries in fraternal contracts.
SUBCHAPTER VIII
MISCELLANEOUS
632.97 Application of proceeds of credit insurance policy.
632.98 Worker's compensation insurance.
632.99 Certifications of disability.
Ch. 632 Cross-reference
Cross-reference: See definitions in ss.
600.03 and
628.02.
Ch. 632 Note
NOTE: Chapter 375, laws of 1975, which created subchapters I to VIII of Chapter 632 of the statutes, contains notes explaining the revision.
FIRE AND OTHER PROPERTY INSURANCE
632.05
632.05
Indemnity amounts. 632.05(1)(1)
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.
632.05(2)
(2) Total loss. Whenever any policy insures real property which is owned and occupied by the insured 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.
632.05 History
History: 1975 c. 375;
1979 c. 73,
177.
632.05 Annotation
Where spouses owned and insured property jointly, arson by husband did not bar wife from recovering fire insurance proceeds. Hedtcke v. Sentry Ins. Co. 109 W (2d) 461, 326 NW (2d) 727 (1982).
632.05 Annotation
Insured's past rental of property did not preclude recovery under (2). Kohnen v. Wisconsin Mut. Ins. Co. 111 W (2d) 584, 331 NW (2d) 598 (Ct. App. 1983).
632.05 Annotation
To have "occupied" a dwelling under sub. (2) requires actual and physical control. An inanimate entity such as an estate is incapable of occupying a dwelling under sub (2). Drangstviet v. Auto-Owners Insurance Co. 195 W (2d) 592, 536 NW (2d) 189 (Ct. App. 1995).
632.08
632.08
Mortgage clause. 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.
632.08 History
History: 1975 c. 375;
1979 c. 102.
632.09
632.09
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.
632.09 History
History: 1975 c. 375.
632.10(1)
(1) "Building and safety standards" means the requirements of
chs. 101 and
145 and of any rule promulgated by the department of commerce under
ch. 101 or
145, and standards of a 1st class city relating to the health and safety of occupants of buildings.
632.10(2)
(2) "Deliver" means delivery in person, or delivery by deposit with the U.S. postal service of certified or 1st class mail addressed to the recipient at the recipient's last-known address.
632.10(3)
(3) "Final settlement" means the amount that an insurer owes under a property insurance policy to the named insured and other interests named in the policy for loss to any insured building or other structure affixed to land that is caused by fire or explosion, excluding any amount payable for loss to contents or other personal property, for loss of use or business interruption and any amount payable under liability coverage under the policy, and that is determined by any of the following means:
632.10(3)(a)
(a) Acceptance of a proof of loss by the insurer.
632.10(3)(b)
(b) Execution of a release by the named insured.
632.10(3)(c)
(c) Acceptance of an arbitration award by the insurer and named insured.
632.10(3)(d)
(d) Judgment of a court of competent jurisdiction.
632.10 History
History: 1989 a. 347;
1995 a. 27 ss.
7041,
9116 (5).
632.101(1)(1)
Affected policies. Except as provided in
sub. (2), every property insurance policy issued or delivered in this state, including property insurance policies issued under the mandatory risk-sharing plan operating under
s. 619.01, that insures real property located in a 1st class city against loss caused by fire or explosion shall provide for payment of any final settlement under the policy in the manner described in
ss. 632.102 to
632.104.
632.101(2)
(2) Excluded policies. Sections 632.10 to
632.104 do not apply to property insurance policies issued in any of the following circumstances:
632.101(2)(a)
(a) By the local government property insurance fund under
ch. 605.
632.101(2)(b)
(b) 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:
632.101(2)(b)1.
1. The named insured gives proof of occupancy to the insurer by a valid Wisconsin operator's license.
632.101(2)(b)2.
2. If the named insured does not possess a valid Wisconsin operator's license, the named insured gives proof of occupancy to the 1st class city by documentation approved by the 1st class city. Upon acceptance of the proof, the 1st class city shall immediately notify the insurer that a policy issued on the property is exempt from
ss. 632.10 to
632.104.
632.101 History
History: 1989 a. 347;
1991 a. 315.
632.102
632.102
Payment of final settlement. 632.102(1)
(1)
Withholding. An insurer shall withhold from payment a portion of the final settlement as determined under
sub. (2), if all of the following apply:
632.102(1)(a)
(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.
632.102(1)(b)
(b) The total amount of all insurance covering the building and any other structure affixed to land that sustained the loss is at least $5,000.
632.102(2)
(2) Amount withheld. The insurer shall withhold from payment of the final settlement an amount that is equal to the greater of the following:
632.102(2)(b)
(b) 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.
632.102(3)(a)(a) 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:
632.102(3)(a)1.
1. The building inspection official of the 1st class city in which the insured real property is located.
632.102(3)(a)3.
3. Any mortgagee or other lienholder who has an existing lien against the insured real property and who is named in the policy.
632.102(3)(a)4.
4. 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. to
3.
632.102(3)(b)
(b) The notice of withholding shall include all of the following information:
632.102(3)(b)2.
2. The name and address of the named insured and each mortgagee or other lienholder entitled to notice under
par. (a) 3.
632.102(3)(b)6.a.
a. That for the 1st class city to qualify for reimbursement of expenses from the funds withheld under this section, the 1st class city must, after the loss occurs but within 90 days after delivery of the notice of withholding under this subsection, commence proceedings under
s. 66.05,
254.595 or
823.04 or under a local ordinance relating to demolition or abatement of nuisances or obtain a release signed by the named insured consenting to demolition with respect to the building or other structure; that if the 1st class city commences the proceedings or obtains the release within that time period, a part or all of the withheld funds may be used to defray the 1st class city's expenses; and that the withheld funds will be released to the named insured and other interests named in the policy if the 1st class city does not commence the proceedings or obtain the release within that time period.
632.102(3)(b)6.b.
b. 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.
632.102(4)
(4) Insurer's liability. In no event may an insurer be liable under a policy subject to
ss. 632.10 to
632.104 for any amount greater than the lesser of the final settlement or the limits of liability set out in the policy.
632.102(5)
(5) Immunity for insurer. No cause of action may arise against and no liability may be imposed upon an insurer or an agent or employe of an insurer for paying, withholding or transferring all or any portion of a final settlement as provided in
ss. 632.10 to
632.104.