SB539: Bill Text

SB539,39,14 645.54 (3) (b) When liens are superior. A lien obtainable by legal or equitable proceedings could become superior to the rights of a transferee, or a purchaser could obtain rights superior to the rights of a transferee within the meaning of sub. (2), if such consequences would follow only from the lien or purchase itself, or from the lien or purchase followed by any step wholly within the control of the respective lienholder or purchaser, with or without the aid of ministerial action by public officials. Such a lien could not, however, become superior and such a purchase could not create superior rights for the purpose of sub. (2) through any acts subsequent to the obtaining of such a lien or subsequent to such a purchase which require the agreement or concurrence of any third 3rd party or which require any further judicial action, or ruling.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 127 Section 127. 645.62 (1) (a) 7. of the statutes is amended to read:

SB539,39,18 645.62 (1) (a) 7. In the case of any 3rd party 3rd-party claim based on a liability policy issued by the insurer, a conditional release of the insured pursuant to s. 645.64 (1).

Note: Corrects spelling.

SB539, s. 128 Section 128. 645.64 (title) and (1) of the statutes are amended to read:

SB539,40,5 645.64 (title) Special provisions for third party 3rd-party claims. (1) Third party's claim. Whenever any third 3rd party asserts a cause of action against an insured of an insurer in liquidation, the third 3rd party may file a claim with the liquidator. The filing of the claim shall release the insured's liability to the third 3rd party on that cause of action in the amount of the applicable policy limit, but the liquidator shall also insert in any form used for the filing of third party 3rd-party claims appropriate language to constitute such a release. The release shall be void if the insurance coverage is avoided by the liquidator.

Note: Corrects spelling and makes word form consistent with current style and the majority of statutes.

SB539, s. 129 Section 129. 645.64 (4) of the statutes is amended to read:

SB539,40,14 645.64 (4) Multiple claims. If several claims founded upon one policy are filed, whether by third 3rd parties or as claims by the insured under this section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in sub. (3). If any insured's claim is subsequently reduced under sub. (3), the amount thus freed shall be apportioned ratably among the claims which that have been reduced under this subsection.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 130 Section 130. 645.68 (3) of the statutes is amended to read:

SB539,40,22 645.68 (3) Loss claims. All claims under policies for losses incurred, including third party 3rd-party claims 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.

Note: Corrects spelling and makes word form consistent with current style and the majority of statutes.

SB539, s. 131 Section 131. 645.72 (1) of the statutes is amended to read:

SB539,41,9 645.72 (1) Payments to creditors. Subject to ch. 646 and under the direction of the court, the liquidator shall pay dividends as promptly as possible to security funds under sub. (2) and to other creditors in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including 3rd party 3rd-party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.

Note: Corrects spelling.

SB539, s. 132 Section 132. 646.13 (1) (b) of the statutes is amended to read:

SB539,41,15 646.13 (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 3rd-party claims against insureds, subject to the limitations of s. 645.43. The fund shall consult and cooperate with the liquidator in carrying out these duties.

Note: Corrects spelling.

SB539, s. 133 Section 133. 646.31 (2) (d) of the statutes is amended to read:

SB539,41,19 646.31 (2) (d) Third party Third-party claimants. A claim under a liability or workers' compensation insurance policy, if either the insured or the 3rd party 3rd-party claimant was a resident of this state at the time of the insured event.

Note: Corrects spelling.

SB539, s. 134 Section 134. 646.35 (8) (d) (intro.) of the statutes is amended to read:

SB539,42,6 646.35 (8) (d) (intro.) If the fund transfers its obligations to another insurer and the fund and other insurer agree, unless the the fund has previously expressly determined in writing that it will not exercise an election under par. (b), the other insurer succeeds to the rights and obligations of the fund under pars. (b) and (c), regardless of whether the fund has exercised an election under par. (b). If the other insurer succeeds to the fund's rights and obligations under pars. (b) and (c):

Note: Deletes repeated word.

SB539, s. 135 Section 135. 700.215 (title) of the statutes is amended to read:

SB539,42,9 700.215 (title) Exception for equitable rights of cotenants and third 3rd persons.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 136 Section 136. 700.40 (4) (intro.) of the statutes is amended to read:

SB539,42,12 700.40 (4) Validity of conservation easement. (intro.) A conservation easement is valid even though any of the following apply applies:

Note: Corrects grammar.

SB539, s. 137 Section 137. 701.19 (11) of the statutes is amended to read:

SB539,43,2 701.19 (11) Protection of third 3rd parties. With respect to a third 3rd person dealing with a trustee or assisting a trustee in the conduct of a transaction, the existence of trust power and its proper exercise by the trustee may be assumed without inquiry. The third 3rd person is not bound to inquire whether the trustee has power to act or is properly exercising the power; and a third 3rd person, without actual knowledge that the trustee is exceeding the trustee's powers or improperly exercising them, is fully protected in dealing with the trustee as if the trustee possessed and properly exercised the powers the trustee purports to exercise. A third 3rd person is not bound to assure the proper application of trust property paid or delivered to the trustee.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 138 Section 138. 702.05 (3) (title) of the statutes is amended to read:

SB539,43,4 702.05 (3) (title) Consent of third 3rd persons.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 139 Section 139. 704.05 (5) (c) (title) of the statutes is amended to read:

SB539,43,6 704.05 (5) (c) (title) Rights of third 3rd persons.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 140 Section 140. 767.25 (4m) (e) 1. of the statutes is amended to read:

SB539,43,14 767.25 (4m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department or any other person who paid for the services on behalf of the child, the department may obtain a judgment against the parent for the amount of the 3rd party 3rd-party payment.

Note: Corrects spelling.

SB539, s. 141 Section 141. 778.30 (2) (a) 1. of the statutes is amended to read:

SB539,44,6 778.30 (2) (a) 1. Upon entry of the assignment under sub. (1) (b), unless the court finds that income withholding is likely to cause the defendant irreparable harm, the clerk of circuit court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk of circuit court does not receive the money from the person notified, the the clerk of circuit court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice of an assignment under sub. (1) (b) shall inform the intended recipient that, if a prior assignment under sub. (1) (b) has been received relating to the same defendant, the recipient is required to notify the clerk of circuit court that sent the subsequent notice of assignment that another assignment has already been received. A notice of assignment shall include a form permitting the recipient to designate on the form that another assignment has already been received.

Note: Deletes repeated word.

SB539, s. 142 Section 142. 802.01 (1) of the statutes is amended to read:

SB539,44,13 802.01 (1) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party 3rd-party complaint, if a person who was not an original party is summoned under s. 803.05, and a third-party 3rd-party answer, if a third-party 3rd-party complaint is served. No other pleading shall be allowed, except that the court may order a further pleading to a reply or to any answer.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 143 Section 143. 802.05 (3) (b) (intro.) of the statutes, as affected by Supreme Court Order 03-06, is amended to read:

SB539,44,23 802.05 (3) (b) Nature of sanction; limitations. (intro.) A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subds. 1. and 2., the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' attorney fees and other expenses incurred as a direct result of the violation subject to all of the following:

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 144 Section 144. 802.08 (1) of the statutes is amended to read:

SB539,45,6 802.08 (1) Availability. A party may, within 8 months of the filing of a summons and complaint or within the time set in a scheduling order under s. 802.10, move for summary judgment on any claim, counterclaim, cross-claim, or 3rd party 3rd-party claim which is asserted by or against the party. Amendment of pleadings is allowed as in cases where objection or defense is made by motion to dismiss.

Note: Corrects spelling.

SB539, s. 145 Section 145. 803.02 (1) of the statutes is amended to read:

SB539,45,11 803.02 (1) A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or 3rd party 3rd-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.

Note: Corrects spelling.

SB539, s. 146 Section 146. 803.03 (2) (b) 3. of the statutes is amended to read:

SB539,45,21 803.03 (2) (b) 3. Except as provided in par. (bm), if the party joined chooses to have his or her interest represented by the party who caused the joinder, the party joined shall sign a written waiver of the right to participate that shall express consent to be bound by the judgment in the action. The waiver shall become binding when filed with the court, but a party may withdraw the waiver upon timely motion to the judge to whom the case has been assigned with notice to the other parties. A party who represents the interest of another party and who obtains a judgment favorable to the other party may be awarded reasonable attorneys attorney fees by the court.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 147 Section 147. 803.05 (1) of the statutes is amended to read:

SB539,46,24 803.05 (1) At any time after commencement of the action, a defending party, as a third-party 3rd-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the defending party for all or part of the plaintiff's claim against the defending party, or who is a necessary party under s. 803.03. The third-party 3rd-party plaintiff need not obtain leave to implead if he or she serves the third-party 3rd-party summons and third-party 3rd-party complaint not later than 6 months after the summons and complaint are filed or the time set in a scheduling order under s. 802.10; thereafter, the third-party 3rd-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party 3rd-party complaint, hereinafter called the third-party 3rd-party defendant, shall make defenses to the third-party 3rd-party plaintiff's claim as provided in s. 802.06 and counterclaims against the third-party 3rd-party plaintiff and cross-claims against any other defendant as provided in s. 802.07. The third-party 3rd-party defendant may assert against the plaintiff any defenses which the third-party 3rd-party plaintiff has to the plaintiff's claim. The third-party 3rd-party defendant may also assert any claim against the plaintiff if the claim is based upon the same transaction, occurrence or series of transactions or occurrences as is the plaintiff's claim against the third-party 3rd-party plaintiff. The plaintiff may assert any claim against the third-party 3rd-party defendant if the claim is based upon the same transaction, occurrence or series of transactions or occurrences as is the plaintiff's claim against the third-party 3rd-party plaintiff, and the third-party 3rd-party defendant thereupon shall assert defenses as provided in s. 802.06 and counterclaims and cross-claims as provided in s. 802.07.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 148 Section 148. 804.05 (3) (b) 5. of the statutes is amended to read:

SB539,47,8 804.05 (3) (b) 5. In this subsection, the terms "defendant" and "plaintiff" include officers, directors, and managing agents of corporate defendants and corporate plaintiffs, or other persons designated under sub. (2) (e), as appropriate. A defendant who asserts a counterclaim or a cross-claim shall not be considered a plaintiff within the meaning of this subsection, but a 3rd party 3rd-party plaintiff under s. 803.05 (1) shall be so considered with respect to the 3rd party 3rd-party defendant.

Note: Corrects spelling.

SB539, s. 149 Section 149. 805.04 (3) of the statutes is amended to read:

SB539,47,14 805.04 (3) Counterclaim, cross-claim , and 3rd party 3rd-party claim. This section applies to the voluntary dismissal of any counterclaim, cross-claim, or 3rd party 3rd-party claim. A voluntary dismissal by the claimant alone shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing.

Note: Corrects spelling.

SB539, s. 150 Section 150. 805.05 (2) of the statutes is amended to read:

SB539,47,20 805.05 (2) Separate trials. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition or economy, or pursuant to s. 803.04 (2) (b), may order a separate trial of any claim, cross-claim, counterclaim, or 3rd party 3rd-party claim, or of any number of claims, always preserving inviolate the right of trial in the mode to which the parties are entitled.

Note: Corrects spelling.

SB539, s. 151 Section 151. 805.07 (2) (b) of the statutes is amended to read:

SB539,48,7 805.07 (2) (b) Notice of a third-party 3rd-party subpoena issued for discovery purposes shall be provided to all parties at least 10 days before the scheduled deposition in order to preserve their right to object. If a third-party 3rd-party subpoena requests the production of books, papers, documents, or tangible things that are within the scope of discovery under s. 804.01 (2) (a), those objects shall not be provided before the time and date specified in the subpoena. The provisions under this paragraph apply unless all of the parties otherwise agree.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 152 Section 152. 805.14 (9) of the statutes is amended to read:

SB539,48,11 805.14 (9) Involuntary dismissal of counterclaim, cross-claim, or 3rd party 3rd-party claim. This section applies to counterclaims, cross-claims, and 3rd party 3rd-party claims.

Note: Corrects spelling.

SB539, s. 153 Section 153. 809.80 (3) (b) 2. of the statutes is amended to read:

SB539,48,14 809.80 (3) (b) 2. Delivered to a third-party 3rd-party commercial carrier for delivery to the clerk within 3 calendar days.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 154 Section 154. 809.80 (4) (a) of the statutes is amended to read:

SB539,48,19 809.80 (4) (a) When a brief or appendix is filed by mail or commercial carrier in accordance with s. 809.80 (3) (b), the attorney or person filing the document shall append a certification or affidavit setting forth the date and manner by which the document was mailed or delivered to a third-party 3rd-party commercial carrier.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 155 Section 155. 810.11 of the statutes is amended to read:

SB539,49,5 810.11 Claims of third 3rd parties; indemnity to officer. If the property taken is claimed by a 3rd person, the 3rd person may make application to the judge or judicial officer under ss. 810.02 and 810.03 for an order directing that the 3rd person be given delivery of the property so claimed. Any person having possession of the property may move the court to vacate or modify the order directing delivery to the 3rd party 3rd-party claimant, or post bond in the same manner provided for the defendant.

Note: Makes spelling consistent with current style and the majority of statutes.